PRABHA LAMA Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) THE petitioner employed as Semi-Professional Assistant in the library of respondent no.2 Daulat Ram College affiliated to respondent no.1 University of Delhi, filed this petition impugning the communications dated 9th November, 1996 and 14th January, 1998 of the respondents rejecting the representations of the petitioner for consideration for promotion to the post of Professional Assistant in the library and informing the petitioner that the petitioner does not fulfill the prescribed qualifications for promotion and is thus not eligible for the said post. Notice of the petition was issued and on the application of the petitioner for interim relief it was directed that any appointment made to the post of Professional Assistant in the respondent no.2 College shall be subject to the result of the petition. Pleadings have been completed and additional affidavits have also been filed by the respondents pursuant to the queries raised by the Court from time to time.

(2.) ON 17th July, 2000 the following order as passed:-

(3.) THE petition as aforesaid now survives only qua the claim of the petitioner, though not eligible for promotion, for relaxation of the eligibility conditions. The petitioner as aforesaid in this regard relies only on the Office Memorandum dated 9th August, 1999 copy of which was filed pursuant to the order dated 17th July, 2000 (supra). The said Office Memorandum however is of Assured Career Progression (ACP) Scheme for Central Government Civilian Employees and of financial upgradation and not of relaxation of eligibility conditions for promotion as contended by the petitioner during the hearing on 17th July, 2000. The claim of the petitioner in the present petition is for promotion and the petitioner has not filed this petition with the grievance of having been denied, if at all eligible, the benefits of the ACP Scheme which indeed is of a date after filing of this writ petition. Thus strictly speaking the argument on the basis of said Office Memorandum is outside the ambit of the writ petition.