NEW DELHI MUNICIPAL COUNCIL Vs. PURAN

JUDGEMENT

(1.) CM APPL No. 9938/2014 (Exemption)

(2.) THE challenge in the present Writ Petition is to the order dated 09.01.2014 passed by the learned Central Administrative Tribunal, Principle Bench, New Delhi (hereinafter referred to as the 'CAT') whereby the petitioner was directed to regularise the services of the respondent on the post of Light Motor Vehicle Driver, by relaxing the educational qualification prescribed in the Recruitment Rules for the said post. The learned CAT also directed the petitioner to grant all the consequential benefits to the respondent on such regularisation.

(3.) THE main contention raised by the petitioner to assail the findings of the learned CAT is that the learned CAT exceeded its jurisdiction by giving a direction to the petitioner to relax the educational qualification as were prescribed in the Recruitment Rules, encroaching upon the domain of the executive. As per the petitioner, once the learned CAT found that the respondent did not meet the eligibility criteria laid down in the Recruitment Rules, it ought not to have passed a direction for regularisation of services of the respondent.