S C AHUJA Vs. N D M C

JUDGEMENT

(1.) The issue urged by the appellant in the present appeal challenging the orders of the learned Single Judge dated March 08, 2006 and August 21, 2007 is that whether the respondent No.1 has the legal authority to make promotion on the basis of proposed Recruitment Rules which are not approved by the UPSC and have not been notified.

(2.) A brief exposition of facts is that the appellant S.C.Ahuja has been working as Lecturer in Drawing in the School of Science and Humanities Education after completing his two years course of teaching in Art and Craft from the Jamia Millia Islamia University in 1970. S.C.Ahuja was initially appointed as a Junior Drawing Teacher in the respondent's school in 1974 which post was subsequently upgraded to the scale of Trained Graduate Teacher (TGT) in 1978. He claims to have acquired a Bachelor degree in Fine Arts in the year 1978 and a Master Degree in Fine Arts in the year 1989 from the Delhi University. Vide an open selection he was appointed as lecturer in the year 1989. He was posted as a Lecturer (Painting) in the N.P. Boys Senior Secondary School No.1, Mandir Marg, managed by the respondent/NDMC from 1984 to 1994 where after he was sent on deputation to Sahitya Kala Parishad as a Programme Officer in 1996 and repatriated to his parent cadre in the year 2000. One vacancy in the post of Senior Lecturer (Humanities) with the respondent arose in September 2004 for which post one Shyamla Bakshi was selected, however as she declined the offer, the respondent No.4 Shri Bhopal Singh was appointed to the said post.

(3.) Vide the order dated March 08, 2006 the learned Single Judge of this Court dismissed the writ petition observing that appellant does not hold a Masters degree in education and the two years diploma held by him was not equivalent to B.Ed. Though the appellant relied upon the notification dated February 02, 1985 issued by the Govt. of NCT declaring that two years diploma was recognised, however it was held that the notification did not automatically and invariably result in the NDMC being bound by such equivalence and it is the employer concerned who has to determine the issue of equivalence applying its mind and take an appropriate decision thereon.