VEENA Vs. MUNICIPAL CORPORATION OF DELHI

JUDGEMENT

(1.) The writ petitioners who belong to places outside Delhi had applied pursuant the advertisement issued by the Municipal Corporation of Delhi (in short MCD) for the appointment of primary teachers in various schools. All the 21 petitioner belonging to the OBC category. They had produced certificates showing their caste or class as shown in Form-A to the counter affidavit filed by the MCD. It is stated by the petitioners that some of the petitioner had secured high markes and stand equal to the person belonging to the general category.

(2.) The case of the petitioners is that the MCD had refused to consider the case of the petitioners on the ground .that the certificates produced by them showing the caste or class is not in accordance with Annexure-AA shown at page 15 to the counter affidavit filed by the MCD and that is not in accordance with law and, therefore, the MCD should be directed.to consider the case of the petitioners in the light of the qualifications prescribed and on the basis of their attainment in the academic exaim. and also they being belonging to the backward class.

(3.) Ms. Madhu Tewatia, learned counsel for the MCD broadly indicated the approach made by the MCD in making the selection. As per the general instructions issued in the advertisement the candidates were required to mention in the envelope on top showing the following: The envelope containing the application should affix in bold letters on the tope "RECRUITMENT OF PRIMARY TEACHER(GENERAL/TAMIL/URDU/& NURSERY TEACHERS IN THE MCD, 1996". Category viz. Gen./SC/ST/OBC/PH/Exs etc. may also be indicated clearly on top of the envelop."