BHARTI PAPNAI PANDEY Vs. DELHI SUBORDINATE SERVICES SELECTIONBOARD

JUDGEMENT

(1.) THE petitioners are aggrieved by the order of the Central Administrative Tribunal (CAT/ Tribunal) dated 28.05.2014 in O.A. No.2848/2013, wherein they had sought for a direction to the respondents, viz. the three Municipal Corporations i.e. North Delhi Municipal Corporation, South Delhi Municipal Corporation and East Delhi Municipal Corporation (collectively referred to as 'the MCDs') that general age relaxation ought to be granted for female candidates in line with the various orders of the Central Government and Government of NCT, in respect of the post of Special Educator (Primary) '' Post Code No.1/12 in the MCDs, advertised on 13.02.2012. The Tribunal vide its impugned order disposed of the application, without going into the merits of the case, while directing the Government of NCT of Delhi to consider the representation of the applicants/petitioners and pass appropriate and reasoned orders. It is contended on behalf of the petitioners that the post of Special Educators (Primary) was, in fact, created pursuant to the directions of the Division Bench of this Court dated 16.09.2009 in Social Jurist v. Govt. of NCT of Delhi, : 163 (2009) DLT 489, in light with the obligations of the local Government and Municipal Authorities and other Government establishments under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (herein after referred to as 'Disabilities Act') and rules framed thereunder.

(2.) LEARNED counsel relied upon a previous order of the Division Bench of this Court in Syed Mehedi vs. Government of NCT of Delhi W.P.(C) No.2887/2014 decided on 10.07.2014 whereby, under identical circumstances, the Court had directed the Government of NCT of Delhi to consider the petitioners' request for age relaxation having regard to its notification dated 26.03.2013 granting blanket age relaxation of 10 years to women candidates. The directions are in the following terms: -

(3.) THIS Court has considered the submissions. The decision in Syed (supra) took note of the fact that the post of Special Educators was sanctioned and sought to be filled pursuant to orders of the Division Bench of this Court in Social Jurists (supra). Those directions were made on 16.09.2009. However, the posts have not been filled as, apparently, there are not enough eligible candidates who fulfil the criteria fixed, including that of age prescription. Whilst the respondents MCDs concern about the possible delay in the filling up of the vacancies is understandable, at the same time this Court is of the opinion that given the general relaxation for women, which had been resorted to by the Government of NCT of Delhi in larger public interest, to ensure that experienced Special Educators are selected and allowed to man the positions, and the apparent lack of candidates meeting the age criteria, it would be in the public interest if the MCDs consider this matter and pass appropriate orders for age relaxation, even in respect of the ongoing recruitment.