PRATIBHA Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) R-3 issued circular dated 25.6.1996 inviting applications for appointment to PGT (Vocational). The minimum educational qualification prescribed was Graduation and a Diploma. Petitioner challenged this in OA No.1560/96 on the ground that eligibility prescribed was lesser than the one stipulated by CBSE affiliation bye-laws which were mandatory and binding. She accordingly prayed for quashment of circular and regularisation of her services.'

(2.) Respondents 1-3 opposed this on the plea that CBSE was an autonomous body and its affiliation bye-laws had no bearing on the matter and that it was their prerogative to prescribe the requisite qualification under Rules for the post.

(3.) Tribunal upheld the plea of these respondents and dismissed the OA by impugned order. Hence this petition. L/C for petitioner, Mr.Bhardwaj has taken us through various CBSE Bye-Laws to show that a higher qualification was prescribed for teachers in vocational stream. He claimed that this was binding on R1-3 and they. could not have prescribed a lesser qualification for the post to consider candidates with lesser qualifications.