SYED MEHEDI Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) The present writ petition under Articles 226 & 227 of the Constitution of India assails the order dated 05.01.2016 passed by the Principal Bench, Central Administrative Tribunal, New Delhi dismissing O.A.No.3805/2014 preferred by the petitioner, wherein he had challenged the respondents' rejection of his request to be granted age relaxation in order to qualify for the post of Special Education Teacher in Delhi government schools.

(2.) The petitioner, whose date of birth is 09.08.1976, acquired his degree in B. Ed. (Special Education) in the year 2009 from Durga Bhai Deshmukh College of Education Teacher (affiliated with the University of Delhi). The petitioner also holds a degree in M.A. (Psychology) and had qualified the Central Teaching Eligibility Test (CTET) conducted by the Central Board of Secondary Education (CBSE) in June, 2011.

(3.) On 16.09.2009, this Court, vide its judgment in Social Jurist v. Govt. of NCT of Delhi,2009 163 DLT 498, had directed the respondents and other government agencies to take steps to recruit special educators in all schools managed by the state government and local government bodies. This direction was issued keeping in view the provisions of the Persons with Disability Act (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. In compliance with the aforesaid directions, the respondents notified the Directorate of Education, Special Education Teacher for (a) Physically Handicapped, (b) Speech Impaired, (c) Mentally Retarded and (d) Partially Sighted Group "B" Post Recruitment Rules,2010 (hereinafter referred to as "the Recruitment Rules") on 04.11.2010 which provided for, inter alia, the qualifications for the post of Special Education Teacher (SET). Although the Recruitment Rules prescribed an upper age limit of 30 years for an applicant from the unreserved category applying for the post of SET, the said age limit could be relaxed upto 5 years for a government servant, as per the instructions issued by the government. It is noteworthy that Rule 5 of the Recruitment Rules - the provision dealing with the power to grant relaxation in recruitment criteria, grants the government the specific power to relax any of the provisions of the Recruitment Rules pertaining to any class or category of persons.