DIMPEL GROVER Vs. MCD

JUDGEMENT

(1.) The petitioners, in these proceedings under article 226 of the Constitution of India, seek a quashing of a condition, contained in an advertisement/ notification inviting applications for the post of primary Teachers, on contract basis, issued by the respondent, Municipal Corporation of Delhi (hereafter mcd).

(2.) The MCD issued an advertisement on 3rd August, 2005, inviting applications from amongst eligible candidates for the post of Primary teachers. The notification set out the qualifications, and other eligibility criteria. This included a condition that the applicant must be registered with an Employment Exchange in Delhi. The present petitioners impugn Note 8 in the advertisement.

(3.) The relevant portions of the notification issued by MCD are extracted below: MUNICIPAL corporation OF DELHI engagement of Teachers in MCD on Contract Basis applications are invited from desirous candidates, who fulfill the eligibility conditions stipulated in the recruitment Regulations of the post concerned, for engagement as Teacher (Primary) general/urdu/bengali/tamil/nursery Teacher, Physical education Teacher, Assistant Teacher (Music) and assistant Teacher/ (Drawing and Painting) on contract basis for a short period varying form one month to six months or till the select list is received from the DSSSB whichever is earlier, on a fixed monthly remuneration of rs. 5000/- duly filled in application from in the prescribed format as given below along with attested copies if certificates/documents in support of educational qualifications and age should reach the office of DEO/aeo of the zone on or before 12. 08. 05 by 3. 00 PM by registered post/speed post or in person. Candidates seeking reservation under the categories should submit a copy of the caste certificate, with the application form, issued by competent authority (in case of OBC candidate caste certificate should be issued by the Competent authority of GNCTD) on or before the last date of submission of application from candidates belonging to orthopedic/visally disabled person (low vision only) and ex-servicemen category should also submit the requite certificate along with application form in support of their claim. A copy of valid registration certificate from the Employment Exchange of Delhi issued on or before the last date of submission of application from should also be enclosed with the application form. Experience certificate wherever require should be enclosed with the application form. ******** primary TEACHER (Gen/urdu/tamil/bengali) Qualifications : (a) (i) Higher Secondary pass of a recognized board/university with an elective subject in the required language at the matric level. (ii) Two years Teacher Training Certificate from the recognized institution. Or (b) (i) Intermediate or equivalent form recognized Board/university with an elective subject in the required language at the matric level. (ii) One year teachers Traning Certificate from a recognized institution. Note :- 1. Certificate should have studied hindi/tamil/bengali/urdu at matric or higher level in the case of primary Teacher (General/tamil/bengali/urdu) respectively. 2. Candidates holding B. EI. Ed degree can also apply. 3. Candidates holding only B. Ed degree are not eligible. (Nursery Teacher) Essential Qualification : (a) (i) Higher Secondary School certificate or equivalent. (ii) Nursery Teacher Training Certificate from a recognized institutionor equivalent. Desirable : i) Knowledge of Hindi (ii) Experience as a Nursery teacher. Physical Education Teacher (Essential Qualification) : i) Higher Secondary School Certificate of a recognized university/ Board or equivalent. ii) Certificate in Physical Education from a recognized institution or equivalent. iii) 2 years practical experience of producing and presenting programme or imparting training in vocal and instrumental music. 7. Zone wise select list will be prepared on the basis of academic qualifications, professional qualifications and interview. 8. Selection will be done out of trained candidates from recognized institutes from Delhi and other states on interview and performance in academic and professional qualifications basis provided they have passed their 10th and 12th examinations from Delhi. Further priority will be given to the candidates of Delhi.