Tribunal emphasizes adherence to Supreme Court directions for regularization of contractual teachers based on eligibility and continuous service.

ORDER (ORAL)

By Hon’ble Mr. Manish Garg, Member (J)

In the present Original Application (O.A.) filed under Section 19 of the Administrative Tribunals Act, 1985 , the applicant seeks the following reliefs:-

“i). To issue direction or order to amend the impugned notice dated 01.07.2022 declaring the result and to set aside the arbitrary and illegal act of the Respondent No. 1, not considering the OBC certificate of the Applicant and considered the name of the Applicant only in UR (unreserved) category being OBC (other State) and kept in wait panel of UR category as per her merit in written examination.

2. To direct the Respondent No. 2 to produce the records of the office regarding the technical glitch existing in the office of Respondent No.2 on 05.04.2021.

3. To hold that the OBC Certificate issued with the date I24.04.2021 to be deemed to have been issued on 05.04.2021 when the Certificate No. was provided by the office of Respondent no. 2 as the certificate could not be issued on 05.04.2021 due to inability to affix digital signature on account of technical glitch at the office of Respondent No. 2.

4. Direct the Respondent No. l to consider the OBC Certificate submitted by the Applicant I Applicant and decide the merit of the Applicant in the list of OBC candidates.

5. To pass any such orders/directions as this Hon'ble Tribunal deems fit in the facts of the case and in the interest of justice.”

2. The present matter pertains to appointment to the post of Special Educator (Primary) in MCD. It is noted that the issue of appointment to the said post is presently under consideration before the Hon’ble Supreme Court in W.P.(C) No. 132 of 2026, titled Rajneesh Kumar Pandey & Ors. v. Union of India & Ors.

3. We further draw reference to the decision rendered in a similar matter, i.e., O.A. No. 705 of 2026 dated 17.03.2026, wherein the following has been recorded:-

“By way of the present Original Application, the applicant seeks the following reliefs and interim reliefs:

“(a) Call for perusal before this Hon’ble Tribunal all files, records, and documents related to the contractual appointment of the Applicant on the post of Assistant Teacher of Special Schools dated 23.02.2010, as well as all files, records, and documents related to the extensions granted to the contractual appointment of the Applicant on the said post from time to time since 2010 till date.

(b) Allow the present OA and direct the Respondents to regularize the appointment of the Applicant with effect from 23.02.2010 on the post of Assistant Teacher of Special Schools.

(c) Direct the Respondents to grant all consequential benefits to the Applicant pursuant to the regularization of her appointment as Assistant Teacher of Special Schools with effect from 23.02.2010.

(d) Pass any other order(s) or grant any other relief(s) as this Hon’ble Tribunal may deem fit, just, proper, or appropriate in the facts and circumstances of the case.”

“9.1 That the Applicant was engaged on 23.02.2010 on a contractual basis by the Respondents as Assistant Teacher of Special Schools against a sanctioned and vacant post.

9.2 That the Respondents have extended the contractual appointment of the Applicant as Assistant Teacher of Special Schools from 23.02.2010 up to 31.03.2026 without any interruption.”

2. Highlighting the facts of the case, learned counsel for the applicant submits that the present OA has been necessitated due to the arbitrary, discriminatory and exploitative denial of regularization despite the applicant having rendered continuous service for nearly 16 years as an Assistant Teacher against a duly sanctioned post after a fair and transparent selection process.

2.1. Learned counsel further submits that the applicant is fully qualified, duly registered with the Rehabilitation Council of India, and has been repeatedly assessed