MEENAKSHI Vs. MUNICIPAL CORPORATION OF DELHI

JUDGEMENT

(1.) Petitioner on the basis of her B.Ed. qualifications, is seeking to get appointment as Primary Teacher with respondent No.1/MCD. The petitioner had originally passed her B.Ed.exam securing 478/800 marks. However she had applied for improvement in respect of one of the papers i.e. English teaching. By virtue of result of improvement examination, her marks were increased by 9 marks thereby she secured 487/800 marks. She does not get the appointment on the basis of her original marks but if her improved marks are taken into consideration, she would get the job of Primary Teacher. Whether she is entitled to rely upon the marks as a result of improved examination is the question which is to be determined in the present case. The facts on the basis of which this question arises for determination are important and therefore may be stated first. On July 16, 1996 an advertisement appeared in the 'Employment News' of the same date through which the respondent No.2 acting on behalf of the respondent No. 1 invited applications from Indian citizens' for the posts of 'Primary and Nursery Teachers'. Approximate vacancies in the General/Tamil category were indicated to be around 3000 for Primary Teacher and 65 for Primary Teacher(Urdu). The completed applications were to reach the respondent No. 2 before July 31, 1996. The petitioner possesses the requisite qualifications as required by the said advertisement dated July 16, 1996. The petitioner belongs to the general category of candidates. Being entitled to be considered for the posts as advertised by the respondents as possessing the requisite qualifications, the petitioner applied in the prescribed Bio-Data format to the respondents within the stipulated time. It is important to ote that the petitioner had applied for the post on 23.7.1996 and sent the application by way of registered post on that date. In the application, she had submitted that in B.Ed. she secured 478/800 marks i.e. the marks which she had obtained before improvement. Just after one day of submission of this application, petitioner received her result of improvement examination i.e. on 24.7.1996 as per which she had now secured 487/800 marks. Last date for submission of the application for appointment to the post of Primary Teacher was still far away which was 31.7.1996. Upto this stage, the facts are not disputed.

(2.) However petitioner alleges that after receiving improved result of her B.Ed. Examination, she went to the office of respondent on 26.7.1996 with the copy of the improved result but the officer of the respondent refused to accept the said marksheet on the plea that since thousands of applications had been received by the respondents, it would be difficult to find out the application of the petitioner. Therefore she sent the same under postal certificate(UPC) to the respondent on 26.71996 itself. Thereafter she received communication from respondent No.2 on 14.11.1996 intimating her application No.30774 for future reference. After receipt of the said communication, she sent duly attested photocopy of her regular marksheet which included marks after improvement, to the respondent by registered pos on 15.11.1996.

(3.) Thereafter respondent No.2 on the basis of particular criteria adopted by it for awarding points to different candidates who applied for the post, for their 10th, 12th & B.Ed./JBT examination, compiled the results and those (candidates who had secured upto minimum 72 points and born on or before 30.1 1.1969 were selected. Although petitioner also secured 72 points but as she was born on 13.7.1976 i.e. after 30.11.1969 she could not be selected. It may be mentioned that while awarding 72 points to the petitioner, her original result of B.Ed. i.e. before improvement wherein she had secured 478/800 marks, was taken into consideration. Had the improved result of the petitioner in B.Ed i.e. 487/800 been taken into consideration, she would have secured 75 points and thus would have got the appointment.