SANJAY Vs. UNIVERSITY OF DELHI & ORS

JUDGEMENT

(1.) By this writ petition filed under Article 226 of the Constitution of India, petitioner has sought cancellation of the appointment of respondent no.3 to the post of Section Officer (Accounts) of the respondent no.2/ Shivaji College (affiliated to the University of Delhi, the respondent no.1 herein). Respondent no.3 was appointed pursuant to the selection process initiated in terms of the advertisement dated 9.2.2013. As per the cause of action laid in the writ petition, respondent no.3's appointment is sought to be quashed on the ground that respondent no.3 did not have the eligibility criteria of 50% marks in the graduation/post-graduation level, inasmuch as, respondent no.3 is pleaded to have only 48% marks in the graduation level.

(2.) Respondent no.2/College appointed respondent no.3 by giving relaxation of 5% because the post in question was a reserved category post for an SC candidate, and according to the Screening Committee of the respondent no.2/College, respondent no.3 in accordance with the applicable rules for appointment to the post of Section Officer (Accounts) was bound to be given 5% relaxation of marks inasmuch this relaxation was also given for the post of Administrative Officer of the respondent no.2/College. It may of course be noted that respondent no.3 has not filed any circular or any other rule of the University which mandates that an SC candidate/reserved category candidate must be given relaxation of 5% marks.

(3.) During the course of hearing, however it transpires that the respondent no.3 need not have been given relaxation of 5%, inasmuch as, respondent no.3 has secured 52.13% marks in his Chartered Accountant's Degree. The marks in graduation of 48% and in the Chartered Accountant Examination at 52.13% are found to be stated in the application for selection filed by the respondent no.3 before the respondent no.2/College, and which document has been filed by the respondent no.2/College alongwith its counter-affidavit as Annexure R-2. Counsel for the respondent no.3 during the course of hearing has filed before this Court the marks-sheet of the Chartered Accountant's Examination of the respondent no.3 and which shows that respondent no.3 has secured 417 marks outs of a total of 800 marks ie more than 50%. The statement therefore made in the application by the respondent no.3 to the respondent no.2/College for the job in question of the respondent no.3 having more than 50% marks in the Chartered Accountant's Examination has been substantiated by filing the marks-sheet/result of the Chartered Accountant's Examination of the respondent no.3 before this Court today.