KRISHNA KUMARI Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) A nepotistic administrative decision taken in the year 1984 by the then Director of Education, Delhi Administration became a fertile ground of litigation and hundreds of teachers had to fight over five hundred times, on various facets of the consequence of the nepotistic decision. Instant writ petition is one humble contribution to the over five hundred litigations we have just referred to.

(2.) PURSUANT to the vacancy year 1983 -84, having notified 1492 posts of Trained Graduate Teachers (TGT) in various disciplines, for nepotistic reasons the then Director of Education appointed only 654 persons from out of the merit list prepared resulting in the remainder 838 candidates filing, either individually or collectively, over a hundred Original Applications before the newly constituted Central Administrative Tribunal alleging that it was settled law that unless good reasons are given not to fill up notified vacant posts the rule recognized by law is that the notified vacancies have to be filled up from amongst the panel of successful candidates drawn up.

(3.) THUS , two issues attained finality when the Supreme Court pronounced its verdict aforenoted. The first was that 1492 notified vacancies for the select year 1983 -84 were required to be filled up. The second was that the seniority had to be as per the merit position in the select list. Thus, the left over candidates from the panel prepared who got actual employment after the year 1993 got seniority above those who were appointed between the years 1986 till the year 1993.