SANTOSH Vs. MUNICIPAL CORPORATION OF DELHI

JUDGEMENT

(1.) By way of the present writ petition the petitioner challenges the action of respondents 1 and 2 in cancelling the offer of provisional appointment dated 30.08.2006 whereby the respondents had offered to the petitioner provisional appointment on temporary basis to the post of Teacher (Primary).

(2.) The factual matrix relevant for the adjudication of the present petition, briefly stated is as follows:-

(3.) Mr. Ashok Agarwal, Advocate appearing on behalf of the petitioner made two submissions. His first, submission is that the respondents overlooked the fact that the petitioner had studied English as a subject at Secondary and Higher level as required in terms of educational qualifications mentioned in the advertisement, and had taken the impugned action in ignorance of the circumstance that the petitioner had appeared in B.A Part-I, II and Final Examination conducted by Delhi University where she had studied English as a subject. Counsels' second submission was that the petitioner as a weaker section of society is entitled to a concession in this behalf, inasmuch as, though the petitioner failed to pass the subject, the eligibility criteria only required her to have studied English and there was no requirement to have passed that subject.