JYOTI DUA Vs. DSSSB

JUDGEMENT

(1.) By this common order, we will dispose of both the writ petitions referred above. WP(C) No. 8147/2011 is directed against the order dated 4.8.2011 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as Tribunal ), whereby OA Nos.751/2010 and 15140/2010 filed by the petitioners in this case were dismissed. WP(C) No. 8572/2011 is directed against the order of the Tribunal dated 20.10.2011 whereby OA No.1489/2010 filed by the petitioner in this case, was dismissed by the Tribunal, following its earlier order passed in OA No. 751/2010 and 1540/2010.

(2.) The facts giving rise to filing of these writ petitions can be summarized as under:

(3.) Vide notification dated 8.5.2006, Recruitment Rules for appointment to the post of Assistant Teachers in Govt. of NCT, Delhi and MCD, were notified prescribing the maximum age as 27 years for both males as well as females. The notification was challenged before this Court in WPC 7297/2007 Sachin Gupta and Ors. v. Delhi Subordinate Service Selection Board and connected writ petitions. Vide order dated 28.8.2008, a Division Bench of this Court upheld the validity of the notification reducing the upper age limit. However, considering that the maximum age prescribed for the post of Assistant Teacher (Primary) in MCD and NCT of Delhi had been reduced from 32 years for male candidates and 42 years for female candidates to 27 years and to ameliorate the hardships caused to the persons who had already enrolled in the ETE course and suddenly found themselves overage and ineligible, this Court directed that all the candidates, who had applied in the ETE course either in the year 2006 or in the year 2007 or 2008, would be allowed to appear in the examination conducted by the respondent for the post of Assistant Teachers (Primary), provided they did not exceed the upper age limit of 32 years in the case of male candidates and 42 years in the case of female candidates and fulfilled all eligibility requirements. This was also made applicable to the candidates who had already taken the examination, pursuant to the permission granted by the Court. The relaxation was to cease for the ETE courses after 2008.