DEVINDER KUMAR Vs. DELHI DEVELOPMENT ACT

JUDGEMENT

(1.) The writ petitioners in these proceedings seek a direction that there was no amendment in the recruitment rules, for appointment to Assistants, in the Respondent (hereafter "DDA"), requiring those in the feeder cadre of Upper Division Clerks (UDC) to qualify in a written test; they also seek a declaration that the amendment introduced through the resolution no 135/96 is contrary to provisions of the Delhi Development Act, 1957 (hereafter called "the Act").

(2.) The petitioners were appointed to DDA as Lower Division Clerks (LDC) in 1976; they had qualified in an examination held in 1975. Both were promoted as UDCs in 1981, and they have been working ever since in that post. Both the petitioners had originally sought for promotion as Assistants, when they approached the court, in 2000; they were promoted to that post in 2003.

(3.) It is the common case of the parties that in the year 1992, certain regulations were formulated, and approved, by resolution No. 102/92. They were styled as "proposed recruitment rules"; they provided, inter alia, that the post of Assistants was to be filled in the following manner:-