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2019 Supreme(Del) 208

IN THE HIGH COURT OF DELHI AT NEW DELHI
VIPIN SANGHI, A.K. CHAWLA, JJ.
Chhatarpal Singh & Ors. - Petitioners
Versus
Govt. of Nct Delhi & Ors. - Respondents
W.P.(C) 6941 of 2015 & CM APPL. 12722-12723 of 2015, CM APPL. 20190 of 2018, W.P.(C) 6948 of 2015 & CM APPL. 12735-12736 of 2015, W.P.(C) 6970 of 2015 & CM APPL. 12768 of 2015, CM APPL. 831 of 2019, W.P.(C) 7602 of 2015 & CM APPL. 38562 of 2017, CM APPL. 37169 of 2018, W.P.(C) 7997 of 2015 & CM APPL. 16316 of 2015, W.P.(C) 8019 of 2015 & CM APPL. 16439 of 2015, W.P.(C) 8025 of 2015 & CM APPL. 16451 of 2015, W.P.(C) 8028 of 2015 & CM APPL. 16459 of 2015, W.P.(C) 8034 of 2015 & CM APPL. 16471 of 2015, W.P.(C) 8319, 8322, 8323, 8369 of 2015, W.P.(C) 8377 of 2015 & CM APPL. 17459 of 2017, CM APPL. 24321 of 2017, W.P.(C) 8563 of 2015 & CM APPL. 18496 of 2015, W.P.(C) 8564 of 2015 & CM APPL. 18502 of 2015 W.P.(C) 8855 of 2015 & CM APPL. 19838 of 2015, W.P.(C) 497 of 2016 & CM APPL. 2063 of 2016, CM APPL. 37822 of 2017, W.P.(C) 11223 of 2016
Decided On : 10-01-2019

Advocates Appeared:
For the Petitioners:Mr. Shankar Raju, Mr. J.S. Mann & Mr. Vipul Upadhyay, Advocate, Mr. Subodh Kumar Pathak, Advocate
For the Respondent:Ms. Avnish Ahlawat, Standing Counsel along with Mr. Nitesh Kumar Singh, Mr. Amit Anand, Ms. Palak Rohmetra & Ms. Aarushi, Advocates for DSSSB., Mr. Devesh Singh, ASC along with Ms. Sukriti Ghai & Ms. Urvashi Tripathi, Advocates for GNCTD., Mr. Gautam Narayan, ASC, with Ms. Shivani Vij and Mr. Mahamaya Chatterjee, Advocates for GNCTD., Mr. Tushar Sonu, Advocate for Mr. Rakesh Mittal, Advocate, Ms. Mansi Gupta, Advocate for SDMC., Mr. Ajay Digpaul & Ms. Madhuri Dhingra, Advocates
For the Mr. Pradeep Gupta with Mr. Parinav Gupta and Mr. Moazzam Ali, Advocates

The examination questions were not beyond the prescribed syllabus, and the competitive nature of the examination was emphasized by the court.

Headnote:

Syllabus - Teacher Recruitment Examination - [National Council for Teacher Education Act, 1993 (No.73 of 1993), Recruitment Rules] - The court examined the syllabus prescribed for the Teacher (Primary) recruitment examination and held that the questions were not beyond the syllabus. The court emphasized that the syllabus did not limit the question pool to a particular source or textbook and that the examination was competitive, testing all candidates on the same set of questions.

Fact of the Case:

The petitioners challenged the examination conducted by the Delhi Subordinate Services Selection Board (DSSSB) for the post of Teacher (Primary) under Post Code 70/09, claiming that 58 out of 200 questions were out of syllabus, leading to their non-selection. The court examined the syllabus and the petitioners' claims.

Finding of the Court:

The court found that the questions were not beyond the syllabus and emphasized that the examination was competitive, testing all candidates on the same set of questions.

Issues: The main issue was whether the questions in the examination were beyond the prescribed syllabus for the Teacher (Primary) recruitment.

Ratio Decidendi: The court held that the syllabus did not limit the question pool to a particular source or textbook and that the examination was competitive, testing all candidates on the same set of questions.

Final Decision: The court dismissed the petitions, finding no merit in the petitioners' claims.

JUDGMENT :

VIPIN SANGHI, J.

1. The aforesaid writ petitions have been preferred by the petitioners to assail the common impugned order of the Tribunal passed on 27.05.2015 in the Original Applications preferred by the present petitioners, including O.A. No.703/2014. The Central Administrative Tribunal (CAT/Tribunal) has dismissed the Original Applications by the impugned order. The grievance of the petitioners/applicants before the Tribunal, primarily, was that in respect of the competitive examination conducted by the Delhi Subordinate Services Selection Board (DSSSB) for the post of Teacher (Primary) under Post Code 70/09, out of the 200 questions, 58 questions were out of syllabus. The petitioners claimed that on account of the said lacuna, they were unsuccessful. The Tribunal examined the said plea of the petitioners and negated the submissions of the petitioners by holding that the questions put in the question paper could not be said to be beyond the syllabus. Consequently, the petitioners are before us raising the same plea.

2. As noticed above, the DSSSB, NCT of Delhi invited applications for the post of Teacher (Primary), vide Post Code 70/09 through Advertisement No.004/2009. The closing date of receipt of applications was 15.01.2010. The number of vacancies advertised was 4500, which included posts reserved for different categories, such as, the SC, ST, OBC and, Physically Handicapped candidates. The number of vacancies was increased to 6500 on 18.03.2010. The essential qualifications prescribed were as follows:

“1. Sr. Secondary (10+2) or Intermediate or its equivalent with 50% marks from a recognized Board.

2. Two years diploma/Certificate course in ETE/JBT or B.El.Ed. from recognized institutions or its equivalent.

3. Must have passed Hindi as a subject at Secondary level.”

3. The age limit prescribed was 20-27 years, which was relaxable for the SC/ST candidates by 5 years; for OBC category candidates by 3 years; for the Physically Handicapped category candidates by 10 years. The relaxation for the Physically Handicapped SC/ST category candidates was 15 years, and for the Physically Handicapped OBC category candidates was 13 years. For the departmental employees, the age limits were even higher.

4. The syllabus prescribed for Part – I Preliminary Examination and One Tier Examination (Objective Type) reads as follows:

“SYLLABUS:

The syllabus for PART – I Preliminary Examination and One Tier Examination

(OBJECTIVE TYPE) will be as follows:-

SECTION-A

General Awareness: Questions will be designed to test the ability of the candidate’s General Awareness of the environment around him and its application to society. The questions will be designed to test knowledge of current events and of such matter of everyday observation as may be expected of an educated person. The test will also include questions relating to India and its neighboring countries, especially pertaining to History, Polity & Constitution, Sports, Art & Culture, Geography, Economics, General Policy, Everyday Science, Scientific Research, National/International Organizations/Institutions and Current Affairs etc.

General Intelligence and Reasoning Ability: The syllabus of General Intelligence includes questions of both verbal and non-verbal types. Test may include questions on analogies, similarities, differences, space visualization, problem solving, analysis, judgment, decision making, visual memory, discrimination, observation, relationship, concepts, arithmetical reasoning, verbal and figure classification, arithmetical number series etc.

General English and General Hindi: In addition to the testing of candidate’s understanding and comprehension of the English and Hindi Languages, its Vocabulary, Grammar, Sentence Structure, Synonyms, Antonyms and its correct usage etc. would also be tested.

Arithmetic and Numerical Ability: The test of Arithmetical and Numerical Abilities will cover Number System including questions on Simplification, Decimals, Fractions, L.C.M., H.


























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