PRATAP SINGH BIST Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) THE short question which arises for consideration in the writ petition is, whether relaxation in the essential eligibility criteria for appointment to the post of Assistant Director, Directorate Hindi Medium Implementation, could have been granted in favour of respondent no.2 when the petitioner, who met the essential eligibility criteria, was available for appointment.

(2.) THIS matter was heard at length on 27.03.2014. The matter could not, however, be concluded on account of the fact that there was little clarity in the affidavit filed on behalf of respondent no.1 as to whether the respondent no.2's case for appointment was considered by the Selection Committee under the first limb of the essential qualifications prescribed (to which reference will be made in the later part of my judgment), i.e., the requirement of having three years' teaching experience, or under the second limb of the eligibility criteria prescribed, which required him to have research work experience.

(3.) BY the very same measure, the argument of Mr Sinha, learned counsel for the petitioner, that there was no approval of the Vice Chancellor with respect to relaxation, on facts, does not appear to be correct. I may only note that in view of the fact that the office note appended to the additional affidavit, which is marked as Annexure R -5, is reflective of the fact that due approval of the Vice Chancellor was obtained with regard to the recommendation made by the selection committee for relaxation in the period of experience, the objection in that behalf raised by Mr Sinha, will have to be rejected.