UTTAM SINGH Vs. MCD

JUDGEMENT

(1.) ON January 07, 1983 the erstwhile Municipal Corporation of Delhi notified the Recruitment Rules to the post of Lower Division Clerk. As per column No.5 the post was declared to be a selection post and as per serial column No.10, 10% posts had to be filled by promotion on the basis of a competitive examination conducted by the Municipal Corporation of Delhi from Class IV employees and the remaining 90% posts had to be filled up by direct recruitment through the 'Clerks Grade Examination' to be conducted by the Staff Selection Commission. Serial No.6, 7, 8, 9 and 10 the Recruitment Rule read as under:-

(2.) AND suffice would it be for us to note at the outset that the draftsman of the Recruitment Rule, while giving ink to the thought of the author thereof has done a fairly clumsy job. Notwithstanding it being settled legal position that appointment on promotion through a Limited Departmental Competitive Examination is not appointment by direct recruitment, in column No.6 the draftsman wrote against 'Age limit for direct recruits: 'for Clerks Grade Examination for Class IV staff not exceeding 45 years..... for Clerks Grade Examination not less than 18 years. It evidences that the draftsman misunderstood the mind of the author and as against providing two serial numbers with distinct head of applicability i.e. age limit for direct recruits and age limit for promotees, treating both to be direct recruitment, indicated two different age limits. This misunderstanding continued when column 7 was inked. Listing the subject matter in column 7 'Education and other qualifications required for direct recruits' the draftsman wrote: ,,for Clerks Grade Examination and Clerks Grade Examination for Class IV staff followed by listing at sub-para (i) the educational qualification and under para (ii) a skill test prescribed with a typing speed of not less than 30 words per minute in English or not less than 25 words per minute in Hindi. At serial No.8 pertaining to the subject: 'whether age and educational qualifications prescribed for direct recruits will apply in the case of promotees' the draftsman wrote that the age and qualifications would be as per column No.6. Further, while penning the note under sub-para (ii) in the column against serial No.7 the draftsman wrote that the minimum standard of the type test may be as fixed by the 'Staff Selection Commission' and while so doing overlooked the fact that as per the column at serial No.10 the direct recruitment alone had to be through an examination conducted by the Staff Selection Commission, meaning thereby there is a serious problem in the various columns at serial No.10 on account of the reason pertaining to the essential qualifications the same are made applicable for the clerk grade examination to be conducted by the Staff Selection Commission as also the clerk grade examination for Class-IV staff which as per serial No.10 is conducted by the Municipal Corporation of Delhi.

(3.) ON May 12, 2005 the Municipal Corporation of Delhi issued a circular inviting applications from Class IV employees to fill up the existing and future vacancies likely to arise in the future; and we note the number was not indicated in the circular, indicating in the circular that the age has not to be more than 45 years as on January 01, 2004. It was indicated that matriculation from a recognized board/university or equivalent was a must. It was indicated that the candidates would be subjected to a written test and those who qualify would have to qualify the skill test by passing a typewriting test at the speed of 30 words per minute in English or 25 words per minute in Hindi. The written examination was conducted and the process was halted. A list in order of merit with reference to the marks obtained at the written test was published. Those who had cleared the written test and probably had learnt of the vacancies available were obviously impatient for the reason it would be a quantum jump in their life. From lowly paid Class IV employees their social status would rise to that of a clerk. From a white collared job to a blue collared job; and who says that colour does not matter. 85 writ petitions by 85 impatient and expectant persons were filed. They prayed that the selection process for purposes of promotion to the post of Lower Division Clerk be directed to be completed and they pleaded a past practice consistently followed by the Corporation since the year 1988 of making appointment by promotion on the basis of the Limited Departmental Competitive Examination but providing a stipulation in the appointment letter that those who had been selected and promoted would clear the typing test within a period of two years.