PRITI SHARMA Vs. GOVT OF NCT DELHI

JUDGEMENT

(1.) THE petitioner is B. A. B. Lib and has applied for her appointment to the post of Librarian against vacant post advertised by respondents No. 3 to 10 schools. She had applied pursuant to an advertisement issued by these schools for filling up of various teaching and non teaching vacant posts in their schools. It was mentioned in the advertisement issued by respondents No. 3 to 10 schools inviting applications from eligible candidates that the age, qualifications and pay scales for various posts will be as per Recruitment Rules of the Director of Education, Government of NCT, Delhi. The Recruitment Rules for the post of Librarian notified vide notification DE. 1 (10) (1)/86/e-1/43870-44830 Dt. 14-08-86 were circulated vide circular of Director of Education bearing No. DE. 15/act/59/93/rr/14680-14736, dt. 27. 10. 1993 and the same is annexed as Annexure-B at page 21 of the paper book. The petitioner was overage on the date she had applied for her appointment to the post of Librarian in the respondents No. 3 to 10 schools. Her date of birth is 21. 7. 1971 and in terms of the Recruitment Rules for the post of Librarian the age limit prescribed for direct recruitment to the said post is 18-30 years, relaxable upto 35 years as on 20. 7. 1986 for departmental candidates. But the petitioner being overage was not considered by the schools for her appointment to the post of Librarian and, therefore, she has filed the present writ petition seeking directions to respondents No. 3 to 10 to consider her candidature in terms of Recruitment Rules to the post of Librarian by granting her the benefit of age relaxation in terms of notification dated 1. 1. 1980.

(2.) THE notification dated 1. 1. 1980 on which the petitioner seeks to rely for grant of benefit of age relaxation is at page 22 of the paper book and is extracted below:-

(3.) MR. S. S. TIWARI, learned counsel appearing on behalf of the petitioner has contended that the post of Librarian is akin to the post of teacher and, therefore, according to him petitioner is entitled to age relaxation of 10 years beyond the maximum age prescribed in the Recruitment rules for the post of Librarian. It is submitted by Mr. Tiwari that in case the petitioner gets the benefit of age relaxation in terms of notification dated 1. 1. 1980 she comes within age and becomes entitled to be considered for her appointment to the post of Librarian in the respondents No. 3 to 10 schools.