DIVYA BHASKAR Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) This writ petition has been preferred on behalf of the Petitioners under Article 226 of the Constitution of India laying a challenge to letter/order dtd. 14/6/2017 issued by the Respondent No.1/Directorate of Education ('DoE'), whereby proposal of Respondent No.2/Lalita Prasad Arya Girls Senior Secondary School ('School') for release of grant-in-aid towards salaries of the Petitioners for the period 6/2/2017 to 31/3/2017 was rejected and recruitment/appointments of the Petitioners to the post of Assistant Teacher were declared null and void.

(2.) Factual matrix to the extent necessary and as averred in the writ petition is that the School sent a proposal on 18/8/2015 to DoE to fill up various vacant posts through direct recruitment which included two vacant posts of Assistant Teacher. DoE conveyed its sanction vide letter dtd. 2/4/2016 to fill up 01 post of TGT (Home Science) and 02 posts of Assistant Teacher. On 16/7/2016, DoE accorded approval to the draft advertisement as per which the essential educational qualifications for the post of Assistant Teacher were Higher Secondary or Senior Secondary/ Intermediate with Science and Maths upto Matric/10th standard with JBT/ETT or Graduate with B.Ed. with a further stipulation that the candidate should have passed CTET conducted by CBSE.

(3.) School advertised the 02 vacancies in 'The Statesman' on 26/7/2016 and in Hindi Daily, Rashtriya Sahara on 24/7/2016 and in the Employment News from 17/9/2016 to 23/9/2016. Corrigendum was thereafter published in Rashtriya Sahara on 19/10/2016; in The Statesman on 20/10/2016 and in Employment News from 29/10/2016 to 4/11/2016, giving reference to the advertisement and clarifying that candidates having only Graduation with B.Ed. will not be considered for the post of Assistant Teacher. DoE constituted the Selection Committee with DE nominee and subject expert and intimated the constitution to the School vide letter dtd. 23/1/2017. In response to the advertisement for the post of Assistant Teacher (SC category), 137 applications were received out of which 65 candidates were found eligible and Petitioner No. 1 was amongst them. Meeting of the Selection Committee was convened on 25/1/2017 for filling up the said post and the Committee inter alia according to the Petitioners, ratified the clearance of DoE to fill up the post in accordance with the advertisement and the corrigendum. The Selection Committee, unanimously recommended the name of Petitioner No. 1 for appointment and the Minutes were signed by all members.