DIRECTORATE OF EDUCATION Vs. MANISHA SHARMA AND ANR.

JUDGEMENT

(1.) Impugned order of 28th July, 2017 (Annexure P-1) sets aside order of 31st October, 2016 vide which first respondent was removed from service as she did not fulfil the eligibility criteria as contained in the Recruitment Rules for the post of TGT (English). It is matter of record that first respondent was appointed as TGT (English) w.e.f. 8th July, 2008 on the recommendation of Staff Selection Committee and upon completion of her probation period, as per order of 30th September, 2009, she was confirmed as TGT (English) from 1st July, 2009. As per Memorandum of 10th March, 2014, a complaint was received by petitioner regarding appointment of first respondent being irregular and as per this Memorandum, first respondent was possessing degree of B.El.Ed., whereas for the post of TGT, degree of B.Ed. was required as per Recruitment Rules.

(2.) It is the case of petitioner that upon receiving the said complaint, first respondent was placed under suspension and was charge-sheeted and after an Inquiry, penalty of removal from service was inflicted upon first respondent.

(3.) Impugned order takes note of the fact that first respondent had taught as TGT (English) for almost six years and while relying upon decision of Division Bench of this Court in Govt. of NCT of Delhi v. Monika Sharma in W.P. (C) 8089/2015 rendered on 26th May, 2016, the penalty order has been set aside.