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IN THE HIGH COURT OF DELHI AT NEW DELHI
GOVT OF NCT OF DELHI & ORS – Appellant
Versus
DURGA PARSHAD & ORS – Respondent
JUDGMENT :
C. HARI SHANKAR, J.
1. These cases are fully covered by the order dated 20 September 2017 passed by the Supreme Court in Praveen Kumar v. Delhi Subordinate Service Selection Board [“the DSSSB” hereinafter]
2. Nonetheless, a brief overview of the facts would be appropriate.
3. As these writ petitions involved identical issues, we deem it appropriate to advert to the facts with respect to WP (C) No. 5179/2018. [ Govt of NCT of Delhi v. Durga Parshad ]
4. The respondents in WP (C) 5179/2018 were the applicants before the Central Administrative Tribunal [“the Tribunal” hereinafter] in OA 450/2015. Respondents 1 and 3 to 6 passed the Diploma in Education [“Dip Ed” hereinafter] Examination, which was a two year course conducted by the Board of Secondary Education, Bhopal in 2008. Respondent 2 passed the Dip Ed Examination conducted by the Secondary Education Department, Haryana, also a two year course, in 2008. As such, it is not in dispute that all the respondents had obtained the Dip Ed qualification, as conferred by the Board of Secondary Education in different States in 2008.
5. The DSSSB, by Advertisement 04/2009, invited applications from persons who desired to be recruited to
Identical candidates holding Dip Ed qualifications from 2008 are entitled to age relaxation in recruitment processes, as consistent with judicial precedents supporting equal treatment under the law.
Right of the petitioners to claim age relaxation as they were within age and had applied for recruitment pursuant to the earlier advertisement which got cancelled.
Though the rejection of the candidatures of the petitioners appear to be on the ground of not acquiring the TET qualification within a particular age, it is an admitted fact that all the petitioners ....
The main legal point established in the judgment is the entitlement to age relaxation and weightage for experience based on previous judgments and the peculiar facts of the case.
The Teacher Eligibility Test (TET) is a mandatory qualification for all candidates seeking appointment as teachers in elementary education, effective from the notification date of 23.08.2010, and can....
Eligibility criteria for recruitment must be strictly adhered to, and any changes post-selection cannot retroactively affect concluded processes.
The TET qualification acquired prior to the recruitment process met the eligibility criteria, and the corrigendum clarified the age relaxation, warranting the consideration of the petitioner's appoin....
The court ruled that individuals denied appointments due to administrative errors retain entitlement to benefits and seniority on par with their counterparts, affirming parity despite delayed appoint....
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