DINESH Vs. STATE OF NCT DELHI

JUDGEMENT

(1.) The present petition has been filed by the petitioner, who is aggrieved by the order dated 15.09.2016 passed by the Tribunal, dismissing O.A. No.401/2015 filed by her, wherein she had sought quashing of the order dated 05.12.2014, issued by the respondent No.1/GNCTD and the respondent No.2/DSSSB, declaring her overage for the post of Primary Teacher, in pursuance to the Advertisements No.004/2009 and 070/2009. The petitioner is also aggrieved by the order dated 212017 passed by the Tribunal, dismissing the review application filed by her for seeking review of the order dated 15.09.2016.

(2.) The main grievance of the petitioner is that the Tribunal has declined her relief only on the ground that she does not possess the ETE qualification and observed that as a result, the benefit of age relaxation given in the judgment of the High Court in Sachin Gupta and Ors. vs. DSSSB and Ors., (2008) 152 DLT 378(DB) cannot be extended to her.

(3.) It is submitted by Mr. S.D. Singh, learned counsel for the petitioner that the issue of equivalence of the ETE degree with the JBT degree granted to the petitioner in the State of Haryana, stands decided by a Division Bench of this Court vide judgment dated 20.07.2016 in W.P.(C) 3104/2016 "DSSSB vs. Praveen Kumar". He particularly refers to para 12 of the said decision and states that once the petitioner is able to demonstrate equivalence of the ETE degree vis-a-vis a Diploma in Education conferred on the petitioner in Haryana, vide JVT certificate, then the issue of age relaxation to the petitioner ought to have been considered favourably and decided by the Tribunal in terms of the judgment in the case of Sachin Gupta . Para 12 of the judgment in Praveen Kumar is reproduced hereinbelow: -