MCD Vs. SANGEETA SAINI

JUDGEMENT

(1.) This appeal is directed against the judgment dated 7.5.2002 passed by learned Single Judge disposing of Writ Petition(C) 4204 of 2001 filed by the respondent no.1 whereby the appellant/MCD was directed to consider the Respondent No. 1 for appointment to the post of Assistant Teacher . The learned Single Judge placed reliance in Tej Pal Singh v. Government of NCT of Delhi 83 (2000) DLT 649.

(2.) The facts relevant to the present appeal are that the appellant issued an advertisement on 16.7.1996 inviting applications for the post of Assistant Teachers. Among the conditions prescribed was that the complete application form had to be submitted by 31.7.1996. Further it had to be accompanied by "attested copies of documents in favour of claim of SC/ST/OBC/PH/ex-S etc." Nothing was indicated in the advertisement about the SC/ST/OBC certificate having to be obtained from an authority in Delhi. As per an advertisement dated 24.1.1998 issued by the MCD, the candidates were informed that they would be given one more chance to submit the OBC certificate issued by the competent authority in Delhi provided they had applied for the certificate before 31.7.1996 and such certificate had been issued before 31.5.1997.The Respondent No.1, Ms. Sangeeta Saini, who belongs to the OBC category applied to the SDM in Delhi for issuance of the OBC certificate on 23.7.1996. The respondent ultimately obtained the OBC certificate on 18.2.1998. Her candidature was not considered because the OBC certificate had been issued beyond the extended time for obtaining such certificate i.e. beyond 31.5.1997.

(3.) When despite numerous representations by the Respondent No.1 she did not figure in the final list of selected candidates, she filed Writ Petition(C) No. 4204 of 2001 for a direction to the appellant herein to appoint the respondent in the OBC category in the post of Assistant Teacher (Primary) in an MCD run school.