JUDGMENT

1. The present writ petition under Articles 226 & 227 of the Constitution of India assails the order dated 05.01.2016 passed by the Principal Bench, Central Administrative Tribunal, New Delhi dismissing O.A.No.3805/2014 preferred by the petitioner, wherein he had challenged the respondents‟ rejection of his request to be granted age relaxation in order to qualify for the post of Special Education Teacher in Delhi government schools.

2. The petitioner, whose date of birth is 09.08.1976, acquired his degree in B. Ed. (Special Education) in the year 2009 from Durga Bhai Deshmukh College of Education Teacher (affiliated with the University of Delhi). The petitioner also holds a degree in M.A. (Psychology) and had qualified the Central Teaching Eligibility Test (CTET) conducted by the Central Board of Secondary Education (CBSE) in June, 2011.

3. On 16.09.2009, this Court, vide its judgment in Social Jurist v. Govt. of NCT of Delhi (2009) 163 DLT 498, had directed the respondents and other government agencies to take steps to recruit special educators in all schools managed by the state government and local government bodies. This direction was issued keeping in view the provisions of the Persons with Disability Act (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. In compliance with the aforesaid directions, the respondents notified the Directorate of Education, Special Education Teacher for (a) Physically Handicapped, (b) Speech Impaired, (c) Mentally Retarded and (d) Partially Sighted Group „B‟ Post Recruitment Rules,2010 (hereinafter referred to as „the Recruitment Rules‟) on 04.11.2010 which provided for, inter alia, the qualifications for the post of Special Education Teacher (SET). Although the Recruitment Rules prescribed an upper age limit of 30 years for an applicant from the unreserved category applying for the post of SET, the said age limit could be relaxed upto 5 years for a government servant, as per the instructions issued by the government. It is noteworthy that Rule 5 of the Recruitment Rules - the provision dealing with the power to grant relaxation in recruitment criteria, grants the government the specific power to relax any of the provisions of the Recruitment Rules pertaining to any class or category of persons.

4. Upon notifying the Recruitment Rules, the respondent nos.1 & 2 sent a requisition to the DSSB/respondent no.3 for selection to the post of SET. In pursuance thereof, the respondent no.3 advertised vacancies for the said post in the year 2011, for which the petitioner had submitted his application. However, the said advertisement was cancelled on 02.06.2012 and, in 2013, a fresh requisition for selection to the post of SET was made by the respondent no. 2 pursuant whereto, the respondent no. 3 issued advertisement no. 01/2013 inviting applications for appointment to the posts of various categories of teachers in schools run by the Government of National Capital Territory of Delhi (GNCTD). Soon thereafter, the respondent no. 3, issued a public notice dated 26.03.2013 informing the candidates that, under the directions issued by the Lieutenant Governor, GNCTD, the Recruitment Rules pertaining to the post of SET were being relaxed; the said relaxation was to the effect that those candidates who were working as resource persons for children with special needs in Sarva Shiksha Abhiyan (SSA) were to be granted age relaxation to the extent of the number of years they had worked in the SSA and that, additionally, a blanket age relaxation of 10 years was being granted to all female candidates. Since the petitioner was not eligible for any relaxation under the aforesaid notice and was already overage, having attained the age of 36 years, he submitted representations to the Lieutenant Governor, GNCTD, as also to the Chief Secretary, GNCTD on 28.03.2013, seeking relaxation of the age limit applicable to his case and with the same prayer, he preferred O.A. No. 1173/2013 before t