(1.) The relief that is sought for by the petitioner in the present writ petition is for a direction to the respondents to appoint the petitioner to the post of TGT Natural Science/Physical Science in the Directorate of Education, Government of National Capital Territory of Delhi.
(2.) The respondent No. 3 published an advertisement by which the said respondent invited applications from eligible candidates for filling up the vacancies in the post of Teachers alongwith other technical posts in the Government of National Capital Territory of Delhi, MCD, NDMC,DVBetc.The petitioner submitted his application as against the post of TGT Natural Science/Physical Science and as the petitioner belongs to the Scheduled Caste Category he applied for appointment against the vacancy of a Scheduled Caste Category. A certificate showing that the petitioner is a Scheduled Caste candidate was also annexed with his application form. The petitioner was called for the written examination. He duly appeared in the said written examination and was declared successful in the result published in NAV BHARAT TIMES. In the said list however, the name of the petitioner was shown against Scheduled Tribe Category. As no appointment letter was issued to the petitioner, the petitioner represented before the respondents and when nothing was done by the said respondents, the petitioner filed the present petition in this Court seeking for the aforesaid relief.
(3.) A counter affidavit was filed by respondent No.3 contending inter alia that the petitioner was not successful in the written examination and his name was wrongly shown in the said list which was published in NAV BHARAT TIMES. It is stated therein that there were two Mukesh Kumar namely - Mukesh Kumar son of Shri Harpal Singh (petitioner) belonging to the Scheduled Caste Category and Mukesh Kumar son of Shri Somveer Singh who belongs to the Scheduled Tribes Category. It is stated that Mukesh Kumar son of Shri Somveer Singh was successful as against the Scheduled Tribes Category post and the Board declared his result as he was found successful on merit in the written examination. It is also stated that the result was published in NAVBHARAT TIMES newspaper on 3.10.1999 and that the roll number of the petitioner was wrongly declared due to mixing of application forms of both Mukesh Kumar. The aforesaid mistake was detected by the Department of Education/respondent No. 2 as the name of the petitioner did not tally with the category i.e.. Scheduled Tribe in the instant case and hence the matter was referred to the Board/respondent No. 3 under Department of Education's letter dated 21.1.2000, pursuant to which the case was examined and it was found that Mukesh Kumar son of Shri Somveer Singh was successful in the zone of consideration in the Scheduled Tribe Category with Roll No. 116278. But by mistake the admit card and the first page of the application form of the petitioner with Roll No. 220264 was stapled with the documents of Mukesh Kumar son of Shri Somveer Singh, and accordingly the Board released the result with Roll No. 220464 as successful, which was the roll number of the petitioner.