RAJIV SHAKDHER, TALWANT SINGH
Praveen Khatri – Appellant
Versus
Govt Of NCT Of Delhi – Respondent
JUDGMENT
Rajiv Shakdher, J. - CM No.22861/2020
CM No. 25471/2020
1. It needs to be stated at the very outset that, the above-captioned application i.e., CM No.22861/2020 has been moved by petitioners no.4 to 6, while CM No.25471/2020 has been moved by the applicants, who are parties to O.A. No.3647/2018, which was disposed of vide the impugned order dated 02.04.2019. The said O.A. was, in fact, dismissed.
2. Mr. Sudhir Naagar, who appears on behalf of petitioners no.4 to 6, as well as the applicants in CM No.25471/2020[ " persons represented"], says that, although several persons, similarly circumstanced, have been granted the relief, the persons represented by him had not been accorded relief. In other words, one time relaxation granted to others with regard to late submission of certificate to establish that the candidate had qualified the Central Teacher Eligibility Test (in short "CTET") was not extended to the persons represented. We are told in all cases CTET was cleared and certificates were obtained, before the appointment to the post of "Special Educator (Primary)" [Post Code 15/17]; the advertisement qua which was published on 15.09.2017.
2.1. It is Mr. Naagars contention that
The court emphasized the principle of non-differential treatment based on the date of qualification and ordered the extension of relaxation to the petitioners and applicants.
Essential qualifications for educational appointments cannot be relaxed due to delays in qualifying examinations.
The delay in approaching the court and failure to explain the delay can work against the petitioner in seeking relief.
Delay in filing a writ petition undermines its viability, especially when an expert opinion supports the decision being contested.
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