ORDER

% 21.03.2024 (The proceeding has been conducted through Hybrid Mode) CRL.M.A.17721/2014 (for exemption) Exemption is allowed, subject to all, just exceptions.

The application stands disposed of.

W.P.(C) 4325/2024 This is a writ petition under Article 226 of the Constitution of India, 1950, seeking inter alia the following reliefs:-

a. To issue a writ of mandamus or other appropriate writ or directions to the Respondent No. 02 to allow the Petitioner to participate in the interview process for the post of Principal and in the entire selection process of ESSE 2023;

b. To issue a writ of mandamus or other appropriate writ or directions to the Respondent No. 02 and Respondent No.3 to exercise powers of relaxation under Rule 8 of the Recruitment Rules and quash the provision of Rule 7 (b) Recruitment Rules for the post of Principal, issued by Respondent No.2 on 02.06.2023 vide Notification No. NESTS/ Admin/ GBM/31/2020-21 and oral directions issued to the Petitioner debarring him from participating in the interview for the post of Principal since the same are in violation of Article 14 and 16 of the Constitution, and therefore are bad in law and deserve to be dismissed;

c. To issue a writ of mandamus or other appropriate writ or directions to the Respondent No. 02 and Respondent No.3 to declare that the post of “Varishth Adhyapak" and “Uchh Madhyamik Teacher” held by the Petitioner is equivalent to Post Graduate Teacher (“PGT”) as per the Recruitment Rules 7(b) for the post of Principal under the ESSE 2023, and that the Petitioner is qualified and eligible to appear for the interview for the post of Principal and recruitment proceedings of ESSE 2023.”

Learned counsel for the petitioner submits that this Court in Shashikant vs. Union of India through the Secretary Ministry of Tribal Affairs & Ors. passed in W.P.(C) 3251/2024, in a similar case, directed the respondents to consider the writ petition as a representation and dispose of the same in accordance with law. She very fairly submits that in the said case, this Court had already directed that the aforesaid order is passed in the peculiar facts arising in that particular case and the same could not be treated as a precedent in any other case. However, she submits that time and again, this issue has been cropping up and needs to be put a quietus to once and for all. To substantiate her aforesaid contention, learned counsel for the Petitioner, invites attention of this Court to the notification regarding eligibility criteria and qualification, which is extracted hereunder:-

“CHAPTER 4: ELIGIBILITY CRITERIA & QUALIFICATION Post Age Limit Qualification and Experience Principal Not exceeding 50 years.

Age relaxation for SC/ST/OBC and other categories as applicable under the Govt. of India Essential Qualification:

A. Academic:

i) Master’s Degree from recognized University/Institute ii) B.Ed. degree B. Experience: Persons having 12 years of Rules.

Up to 55 years for EMRS employees* combined experience as Vice Principal/PGT/TGT with minimum 4 years as PGT and above DESIRABLE:

1. Experience of working in a fully residential school.

2. Proficiency in English, Hindi and Regional Language.

3. Working knowledge of computers PGT Not exceeding 40 years.

Age relaxation for SC/ST/OBC and other categories as applicable under the Govt. of India Rules. Up to 55 years for EMRS employees* Essential Qualification:

A. Post Graduate degree from any recognized University/ Institute deemed as University in following subjects:

Post Master’s Degree in the Subject** PGT(English) English PGT (Hindi) Hindi PGT (Physics) Physics PGT (Chemistry Chemistry PGT (Mathematics) Mathematics PGT (Biology) Botany/Zoology/Biology PGT (History) History PGT (Geography) Geography PGT(Commerce) Commerce with Accounting/Cost Accounting/ Financial Accounting as a major subject of study. Holders of Degree of M.Com. in Applied/Business Economics shall not be eligible.

PGT (Economics) Economics PGT (Regi