LAWS(DLH)-2008-8-228

SACHIN GUPTA Vs. DELHI SUBORDINATE SERVICES

Decided On August 28, 2008
SACHIN GUPTA Appellant
V/S
DELHI SUBORDINATE SERVICES Respondents

JUDGEMENT

(1.) THE present batch of writ petitions have been filed challenging both the Directorate of Education"s Notification dated 8th May, 2006 and the department of Urban Development"s Notification dated 13th July, 2007 notifying recruitment Rules for appointment to the post of Assistant Teachers (Primary) in the Government of NCT of Delhi and Municipal Corporation of Delhi as being unconstitutional, illegal and arbitrary.

(2.) WHILE the Government of NCT of Delhi has notified its Recruitment rules, (hereinafter referred to as "rrs") by virtue of power conferred by proviso to Article 309 of the Constitution, Municipal Corporation of Delhi has exercised its power under Section 98 and followed the procedure prescribed in section 480 (2) of the Delhi Municipal Corporation Act, 1957. It is pertinent to mention that both the RRs of Government of NCT of Delhi and MCD are identical.

(3.) BOTH the RRs mandatorily prescribe as essential eligibility criteria not only a minimum and maximum eligible age as 20 and 27 years respectively but also prescribe passing of Hindi subject at secondary level and minimum 50% marks in the senior secondary examination.