$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 14th May, 2012 + W.P.(C) 10781/2009 BINDU RANI ..... Petitioner Through: Ms. Jyoti Singh, Sr. Adv. with Mr. Susheel Sharma, Mr. Amandeep Joshi and Mr. Tinu Bajwa, Advs.

versus GOVT OF NCT & ORS. ..... Respondents Through: Ms. Prerna Shah Deo, Adv. for Ms. Anjana Gasain, Adv. for R-1.

Mr. O.P. Sharma, Adv. for R2 & R3.

Mr. J.S. Vohra, Adv. for R-4.

CORAM:

HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J. (Oral)

1. Vide the instant petition, petitioner has prayed as under:-

(i) To direct the respondent (s) to rectify the mistake committed by them / by Selection Committee while considering the marks of the Petitioner Secured by her in J.B.T exam.

(ii) To direct the respondent (s) to appoint to the Petitioner as Assistant Teacher and assign to her the seniority from the date similarly selected candidates were appointed through the Interview conducted by the Selection Committee on 08.01.2008.

(iii) To grant to the Petitioner all the consequential benefits including arrears of pay from the date of selection and offer of appointment to other candidate (s) who were given appointment through the same selection process.

(iv) To award suitable cost of litigation in favour of the Petitioner and against the respondent (s).

2. The facts in brief are that the petitioner applied for the Post of Assistant Teacher advertised by the respondent School in the month of November, 2007. Against 5 unreserved post of Assistant Teachers, a total 19 candidates applied, who were called for Interview by the duly constituted Selection Committee, constituted under the Provisions of Rule 93 of Delhi School Education Rules, 1973.

3. Having considered the average of marks allotted by the Selection Committee to each candidate in the Interview and by adding the marks on the basis of educational qualifications possessed by them a Statement on Merits was prepared by the School Management, which bears the signatures of all the Members of the Selection Committee.

4. In the said statement, which is available at Page 18(A), Annexure-P-2, the the petitioner was shown at serial no. 12, who obtained overall marks as

45.3. Marks of the last selected candidate are 47.4.

5. Another candidate, namely Ms. Anju Sharma, who was not selected filed a Writ Petition no. 7297/2009 challenging the selection process. Ultimately, the same has been dismissed. The petitioner after obtaining a copy of merit list from the said Ms. Anju Sharma noticed that her marks towards educational qualification were not considered as per the Marking Scheme.

7. Ms. Jyoti Singh, Ld. Sr. Adv. has drawn the attention of this Court to Page 38, wherein it is mentioned as under:-

1. For Assistant Teacher.

(a). For Sr. Sec. / JBT Candidates

8. Ld. Sr. Counsel submits that grand total of marks were 100. The petitioner got 20 marks in interview and against the Column JBT/ETT, where the grand total is 30, whereas the petitioner got 20 Marks. Therefore, respondents have not considered her JBT Certificate while calculating the Marks, otherwise, she would have got weightage of 30 marks, instead of 20 marks.

9. She further submits that due to this error on the part of the School Management while preparing the merit list, she was shown at VIII Position by the School Management. Therefore, petitioner filed the instant petition and sought rectification of the error and on rectification of error, services of the last selected candidate i.e. Ms. Gurvinder Kaur, respondent no. 4 may be affected.

10. Ld. Sr. Counsel further submits that respondent no.