DELHI SUBORDINATE SERVICES SELECTION BOARD Vs. PRAVEEN KUMAR

JUDGEMENT

(1.) Challenge in this writ petition is to the order dated 2nd September, 2015 passed by the Central Administrative Tribunal (hereinafter referred to as 'the Tribunal' in short) by which the OA filed by the respondent has been allowed. The Tribunal has directed the petitioner to consider the candidature of the respondent for selection and appointment to the post of Teacher (Primary) in Municipal Corporation of Delhi by giving him age relaxation up to 32 years provided that he does not exceed the upper age limit of 32 years as on the cutoff date i.e on 15th January, 2010.

(2.) With the consent of the parties, we set down the petition for final hearing and disposal. Some necessary facts which are required to be noticed for disposal of this petition are that in December, 2009, the petitioner published an advertisement No. 004/2009 inviting applications for recruitment to the post of Teacher (Primary) in Municipal Corporation of Delhi of Government of NCT of Delhi under post code No. 70/09. The respondent who had completed a two years' diploma in Education in the year 2008, applied for the post of Teacher (Primary) in MCD as an unreserved category candidate along with the copies of testimonials pertaining to his qualifications essential for the post. Pursuant to the application made, an Admit Card was issued to the respondent to appear in the written examination. The respondent appeared in the written examination which was held on 2nd February, 2014. The petitioner vide office order No. 343 dated 5th December, 2014 published the result on the basis of the written examination held on 2nd February, 2014 whereby the candidates belonging to different categories were provisionally selected and recommended for appointment to the post of Teacher (Primary) in Municipal Corporation of Delhi.

(3.) On 5th December, 2014, a reject list was published by the petitioner. The respondent was placed at serial No. 198 of this list and his candidature was rejected for the reason of being over age, his date of birth being 29 th June, 1978. In December, 2014, the respondent approached the Tribunal challenging the reject notice dated 5th December, 2014. This OA was allowed by an order of the Tribunal dated 2nd September, 2015 (hereinafter referred to as 'the impugned order') which has led to the filing of this writ petition.