K S MATHEW Vs. GOVT OF NCT DELHI

JUDGEMENT

(1.) . We propose to decide the aforesaid petitions by a common judgment since the questions of law involved in the aforesaid petitions are identical. Therefore, we deem it appropriate to recapitulate the basic facts of only CWP No.7276/99.

(2.) . The petitioners are working as Technical Assistants and are posted in various medical institutions/hospitals in Delhi under Delhi Administration. The petitioners are governed by the recruitment rules of the medical institutions under Delhi Administration, Delhi. The last notification was issued on 12/4/1984 and was published in the Delhi Gazette. Eleven petitioners were promoted to the post of Technical Assistant (Grade IV) by the order dated 27/11/1998.

(3.) . The validity of the appointment was challenged by the Delhi Diagnostics Scientists Association by filing O.A. No. 2487/98 before the Central Administrative Tribunal. This association is an association of qualified technical staff working in various government hospitals under the Government of NCT of Delhi. In the said O.A. it was alleged that the petitioners have been promoted by the Government of NCT of Delhi ignoring the relevant recruitment rules as, according to them, the candidates who have been promoted by the order dated 27/11/1998 do not fulfil the basic qualifications laid down in the rules whereas available qualified candidates have been left out arbitrarily. Admittedly, the petitioners who have been promoted do not fulfil the basic qualifications according to the rules. During the course of hearing the qualifications of each petitioner was carefully examined and this fact is not disputed that the petitioners who have been promoted do not possess the qualifications as prescribed under the recruitment rules. These promotions have been made by relaxing the recruitment rules and eligibility conditions. The The petitioners who were working as Laboratory Technician in the pay-scale of Rs. 1320.00-2040.00 have been promoted to the post of Technical Assistant in the pay-scale of Rs.1400.00-2300.00 (pre revised). The petitioners who do not fulfil the eligibility conditions have been promoted by relaxing rules while ignoring other available qualified candidates.