KAVITA Vs. MUNICIPAL CORPORATION OF DELHI

JUDGEMENT

(1.) The petitioner in thiswrit petition who are 32 in number have done their JBT/ETE Course from District Institute of Education and Training (for short "DIET). It is the case of the petitioners that DIET was specially opened by the respondent-MCD to train and prepare the persons with Specialised Education Teachers for the Primary/ Elementary Schools being run by MCD. It was the Policy of the respondent that all the students who qualified from DIETs would be absorbed as Primary School Teachers before the placements could be offered to candidated with basic for higher qualifications i.e. B.Ed., M.Ed. etc. The petitioners have done two years ETE Diploma course. They joined the course in 1996. Although in normal course they would have completed this course in the year 1998. However, in one or more papers, these petitioners could not qualify and, therefore, they appeared in supplementary examination conducted later on and qualified for Diploma Course in January, 1999. In fact there were more than .600 students which were admitted to this course in the year 1996. Others passed out in the year 1998 and these 32 petitioners had to appear in supplementary examination which they cleared and passed out in January, 1999 as aforesaid. The students who passed out in the year 1998 were glyen appointments as Primary School Teachers by the respondent at various schools run by it. However, as the respondent refused to absorb these 32 petitioners by giving them appointment as Primary School Teachers, petitioners have filed this writ petition with the following prayers:

(2.) Before appreciating aforesaid reliefs sought by the petitioners, it would be appropriate to give the details of certain other developments as the subsequent developments have bearing on the outcome of this case.

(3.) Prior to 1997 the various posts with MCD were used to be filled up by MCD itself. However, by amending Delhi Municipal Corporation Act, Section 92A was added and interms of provision contained in this Section all recruitment to the posts of Group B and Care to be made by the Delhi Subordinate Services Selection Board (for short "the Board"). After the constitution of the "Board", it is this Board which has undertaken the duty of recruitment to various posts of Group B and C in MCD. In fact not only for MCD, this Board is undertaking this exercise of recruitment for other statutory bodies like NDMC, Directorate of Education etc. Accordingly, Board had written tetter dated 8.8.97 informing the MCD about its constitution. It was further stipulated in the said letter as under: