SHAHIN RUSTAM Vs. INDIRA GANDHI NATIONAL OPEN UNIVERSITY

JUDGEMENT

(1.) THE present petition has been filed by the petitioners praying inter alia that the decision taken by the respondent No.3/NCTE, in terms of the letter dated 11.2.2014 (Annexure P -10), holding inter alia that the respondent No.2/MANUU has not been granted recognition for conducting DPE Course under Distance Mode, be quashed. Further, the petitioners seek a declaration to the effect that the course of Diploma in Primary Education(DPE) conducted by the respondent No.1/IGNOU and respondent No.2/MANUU in collaboration with each other for the Academic Session 2006 -08, is duly recognized by the respondent No.3/NCTE and the respondent No.4/NRC. Lastly, the petitioners seek issuance of a writ of certiorari, quashing the notice dated 1.3.2014 issued by the respondent No.6/DSSSB, rejecting their candidature to the post of Teacher(Primary Urdu) on the ground that their educational qualifications are not as per the Recruitment Rules provided by the user department.

(2.) COUNSEL for the petitioners submits that the respondent No.1/IGNOU had entered into agreements with the respondent No.2/MANUU for offering joint programmes and diploma programmes and had started a teachers' training course called Diploma in Primary Education (DPE) in Urdu medium for the Academic Session 2006 -08. Both the petitioners took admission in the said course and were awarded certificates jointly by the respondent No.1/IGNOU and the respondent No.2/MANUU. Thereafter, in the year 2009, the respondent No.6/DSSSB had issued an advertisement inviting applications for appointment to various posts in Govt. of NCT of Delhi. The petitioners submitted their applications for being appointed to the post of Teacher (Primary Urdu) in the MCD, now respondent No.5/SDMC. In April, 2013, the written examinations were conducted by the respondent No.6/DSSSB. By the impugned rejection notice dated 1.3.2014, issued by the respondent No.6/DSSSB, the candidature of the petitioners were declared as ineligible for the post of Teacher (Primary Urdu) on the ground that they did not possess the educational qualification as per the Recruitment Rules provided by the user department.

(3.) AS the Registry has raised an objection with regard to the maintainability of the present petition in the High Court, learned counsel for the petitioners has been requested to address the Court on that aspect.