SURENDER KUMAR S/O SHRI RAJ SUNDER Vs. GOVT. OF NCT OF DELHI (THROUGH THE CHIEF SECRETARY, GOVT. OF NCT OF DELHI,

JUDGEMENT

(1.) WHETHER cancellation of applicant's selection as TGT (Maths) as ordered vide Memorandum dated 25.02.2005 alleging that he did not fulfill the requirements of Recruitment R.because of administrative decision endorsed by the Cabinet, Government of NCT of Delhi, defining the term 'elective' as those who have passed the concerned subject in all the years/semester of graduation as the case may be with at least 100 marks paper each year/semester, is justified? is the question raised/falling for determination by this Tribunal.

(2.) APPLICANT challenges Memorandum dated 04.01.2005 vide which his candidature was cancelled besides Memorandum dated 25.02.2005 vide which his representation dated 25.01.2005 was rejected. Memo dated 02.06.2005, rejecting his further request and claim for appointment on the ground of equality with other cases, is also under question. Besides he seeks a declaration that he is entitled to be appointed on the post of TGT (Maths) in the Directorate of Education, Govt. of NCT of Delhi with all consequential benefits. Lastly, applicant challenges validity of Cabinet decision No. 242 dated 2.5.1997 of Govt. of NCT of Delhi to the limited extent of its Para 5(b).

(3.) THE grievance of applicant is that his candidature has been cancelled without any legal justification. He was denied appointment based on Cabinet decision No. 242 dated 02.05.1997, which modified earlier Cabinet Resolution No. 93 dated 25.07.1994 vide which under Para -5 (b) prescribed the eligibility of candidates in different subjects at graduation level and the term 'elective' subject as specified in Recruitment R.had been interpreted to mean "all those who have passed the concerned subject in all the years/semesters of graduation as the case may be with at least 100 marks paper each year/semester in the concerned teaching subject as the case may be. The elective word may also include main subject as practiced in different universities.