PREETI BALAYAN Vs. NCT OF DELHI

JUDGEMENT

(1.) The issue raised in all these O.As is the same and, therefore, they are disposed of by this common order. The factual matrix in all these cases also being the same, for the sake of convenience, the facts as stated in O.A. 3721/2011 Mohd. Arif & Ors. Vs. Delhi Subordinate Services Selection Board ('DSSSB for short) & Ors. are delineated here.

(2.) Before the Annexure A -3 Recruitment Regulations for the post of Teacher (Primary), Municipal Corporation of Delhi ('MCD' for short), 2007' were notified on 13.7.2007 by the MCD and similar notification was issued by the Government of NCT of Delhi on 08.07.2006, the criterion for selection to the post of Teacher (Primary)/Assistant Teacher (Primary) was as follows: - 1. Age : Upto 32 years (upto 42 years for Women) with the relaxation as provided under Government of India instructions; 2. Pass in Senior Secondary School Examination, and Hindi as a subject at Secondary or Higher level. By the said Annexure A -3 notifications, the earlier recruitment rules were amended to the following effect: 1. Age: 20 to 27 years with the relaxation as provided under Government of India instructions; 2. Pass with 50 % in Senior Secondary School Examination, and 3. Hindi as a subject at Secondary Level. The aforesaid amendments were challenged before the Hon ble High Court of Delhi vide Writ Petition ( C ) No. 7297/2007 and connected cases - Sachin Gupta & Ors. Vs. Delhi Subordinate Services Selection Board ('DSSSB for short). However, the High Court, by its judgment dated 28.8.2008, uphled the aforesaid Recruitment Rules and its relevant part is as under: - 45. Since the impugned RRs have been notified by the MCD and Government of NCT of Delhi by virtue of power conferred under Section 98 of DMC Act and by virtue of proviso to Article 309 of the Constitution respectively, we are of the view that the impugned RRs are statutory and legislative in character. In V.K. Sood v. Secretary, Civil Avition and Ors., reported in (1993) Supp 3 SCC 9, the Apex Court recognized this legal position when it held:3. It would thus be clear that the rules made by the President or authorized person under proviso to Article 309 are subject to any law made by the Parliament and the power includes rules regulating the recruitment and the conditions of service or post. They are statutory and legislative in character. The statutory rules thus made are subject to the law that may be made by the Parliament. 46 to 49. x x x x 50. We are also of the view that the impugned RRs do not operate retrospectively. No candidate who has already been appointed as a teacher and who had acquired vested right of such appointment in accordance with the earlier Rules has been prejudicially affected by the impugned RRs. The impugned RRs are effective only from their date of Notification and the petitioners cannot claim any vested right on the strength of an advertisement issued under old Rules which now stand withdrawn.

(3.) The DSSSB, vide its Annexure A -4 Advertisement No. 004/2009 published through the newspapers on 11.12.2009 and in the Employment News on 26.12.2009 invited applications for 4500 vacant posts of Teacher (Primary) (Post Code 70/09) in MCD and for 520 vacant posts of Assistant Teacher (Primary) (Post Code 71/09) in the Directorate of Education, Govt. of National Capital Territory of Delhi (GNCT of Delhi for short) with the opening and closing dates for receipt of applications as 29.12.2009 and 15.01.2010, respectively and the latter date as the crucial date for determining the prescribed age and the qualifications. It was based on the Annexure A -3 Notification dated 13.07.2007 and the essential and desirable qualifications for the aforesaid posts were published as under: Essential Qualifications: Sr. Secondary (10+2) or Intermediate or its equivalent with 50% marks from a recognized Board. Two years diploma/Certificate course in ETE/JBT or B.El.Ed. from recognized institutions or its equivalent. Must have passed Hindi (for post code 69/09 Urdu) as a subject at Secondary level.Desirable Qualification: -Computer knowledge. The prescribed age limit for general category candidates was also published as 20 -27 years, relaxable for other categories, as per rules.