Sunita Gupta vs Municipal Corporation Of Delhi
1998 Latest Caselaw 831 Del

ORDER

K. Ramamoorthy, J.

1. The petitioner had applied to the respondents for being appointed as a Primary Teacher. She was not selected. Aggrieved at the non-selection she had filed this writ petition. The main point urged by Mr. S.S. Gautam, the leared counsel for the petitioner, was that while calculating the cut off marks, the MCD had deviated from the rules adopted by the Education Authority and that vitiates the selection process. If the criterion adopted by the Educational Authority and the same had been followed by the MCD, the petitioner would have been selected having regard to her performance in the school examination in the academic examination. Mr. S.S. Gautam, the learned counsel for the petitioner referred to page 22 Annexure D that is marks statement issued by the Central Board of Secondary Education, therein the marks are given in the following terms:

CENTRAL BOARD OF SECONDARY EDUCATION

MARKS STATEMENT

ALL INDIA SENIOR SCHOOL CERTIFICATE EXAMINATION, 1981

Name Sunita Gupta Roll No. 213885 Subject Code 301 41 42 44 500 43 Result Marks obtained 64 60 T 38 TH 34 A TH 36 XX Pass

PR 26 PR 21 PR 17

Total marks obtained 243 Two hundred forty three only

2. In the marks sheet in the lower down it is stated:

For aggregate, the marks of compulsory language and 2 electives (given in the first four columns) only are taken into account, which is the minimum requirement to pass the examination.

3. According to Mr. Gautam, the learned counsel for the petitioner that this must have been followed by the MCD in fixing the cut off marks of the candidates. Mr. Gautam, the learned counsel for the petitioner referred to the Bulletin of Information 1997-98 issued by the University of Delhi wherein the University had issued the Guidelines for assessing the merits in the following terms:

GENERAL

All those who have passed Senior School Certificate Examination (Class XII) of the Central Board of Secondary Education, Delhi, or an Examination recognised as equivalent thereto, and wish to seek admission to B.A (Pass)/B.A (Vocational Studies/B. Com (Pass) B.Sc. (General) Mathematical Sciences, B.A. (Hons) including B.Sc (Hons) Mathematics and Mathematical Statistics) and B.Com (Hons) Courses will be considered for admission as per procedure detailed hereinafter.

AGE REQUIREMENT

No person shall be qualified for admission to the University in the first year of Degree unless he/she is seventeen years of age or in the second year of the course, unless he/she is eighteen years of age before the first day of October in the year in which he/she seeks admission.

COURSES

1) Admission to B.A. (Vocational Studies)/B.Com (Pass)/B.Sc. (Genl.) Mathematical Sciences: Minimum percentage of marks for eligibility for Regular Students.

Minimum percentage of marks required for admission to B.A (Pass) B.A (Vocational Studies), B.Com (Pass) and B.Sc. (Genl.) Mathematical Sciences Courses is 40% in the aggregate in any one of the following examinations.

i) A candidate must have passed Senior School Certificate Examination (Class XII) of the Central Board of Secondary Education, Delhi or an examination recognised as equivalent thereto.

OR

Pre-University Examination (2 years) after ten years Schooling of an Indian University recognised by University of Delhi.

OR

Intermediate Examination of an Indian University/Board or an examination recognized as equivalent thereto.

i) Indian School Certificate Examination (Class XII) of the Council of Indian School Certificate Examination, New Delhi.

ii) General Certificate of Education Examination of U.K.

AND

at least in two subjects at Advanced level. These two Advanced level courses may either be chosen from among the five Ordinary level subjects or from outside this group as prescribed by the University of Delhi.

NOTE: The merit be determined on the basis one language and three best elective subjects.

4. Mr. Gautam, the learned counsel for the petitioner submitted that this is what should have been done by the MCD. The learned counsel referred to the instructions for appointment of TGT/language teacher in Delhi Administration wherein it is stated " The percentage at 10 +2 Standards ought to be calculated in the marks s in the compulsory subject studied at that standards". According to the learned counsel for the petitioner, this is the practice adopted for the purpose of assessing the merits of the candidates for admission to college courses and the norms followed by the Delhi Administration, the MCD cannot followed the different method to assess the merit of the candidates and fixed cut off marks. Mr. Chandha, the learned counsel for the MCD had referred to the letter dated 21.06.1997 by the Commissioner MCD, Delhi to the Secretary MCD dealing with the appointment of the teachers wherein it is stated:

In view of the Cabinet Decision of Govt. of NCT of Delhi circulated vide No. 93 dated 25.7.94 by General Administration Deptt. Govt. of NCT of Delhi (Annexure-II), the selection of teachers shall be made on the basis of Academic & Professional Records both from the school level onwards.

The valid registration in the Employment Exchange under the Govt. of NCT of Delhi on or before 15th June, 1996 shall be pre-condition for the candidates willing to apply for the post of teachers in the M.C.D. No interview shall be conducted. As marks obtained by the candidates from different Board/University are not generally uniform for the purpose of equalisation, categories/slabs have been identified. All candidates who have obtained marks in a particular slab will get equal weightage. No bonus or additional marks shall be given to the candidates possessing higher qualification than the minimum required qualification.

1. Marking scheme for different categories of teachers shall be as follows:

      Cutt Off  Class     Inter/    Class     ETE/JBT/OR     B.Ed./LT 
     & age &   X         Sr.Sec./  XI        NTT/equ-       equivalent
     range     level     XII level in        ivalent 
                              lieu of  
                              Xth & XIIth       
     Below     60        18        25        43   22        22 
     Below     60        20        30        50   25        25 

For a candidate possessing the qualification of Class-XII and JBT/ETE/ETC. her/his marks will be counted for class X, XII and JBT or equivalent and the same way, the candidates who have acquired higher qualification, their marks of Class-X, XII/higher secondary and B.Ed./LT etc. shall be considered for the purpose of selection. No extras benefit/weight age shall be given to candidates for the higher qualification above to the minimum required qualifications reflected in the table of marking scheme.

5. The MCD had to select 3000 teachers from a large number of candidates who had applied numbering more than 5000. The MCD had followed the uniform policy. On 24.01.1998, the MCD issued a Circular in the Newspapers inviting objections from candidates just to correct any errors in the selection process. The Circular reads as under:

PROCEDURE FOR RECRUITMENT

OF PRIMARY TEACHERS

....inform the candidates who applied to the post of Primary teachers advertised in the Newspapers in July 1996, can file their objections, if any, to the Additional Deputy Commissioner (Education), Nigam Bhawan, Kashmere Gate, through Registered Post only latest by 12.02.1998. The final list of the applicants has been displayed on 12.12.1997 on the Notice Board of the Education Department (Headquarters).

The criteria, of selection was on merit, by calculating the grading on the basis of Marks Obtained by the candidates in their Educational Career, is as under:

 Percentage     Matric    Inter/    Hr.Sec.JBT/    B.Ed/LT
     of marks       or equi-  Sr.Sec.   (in ETE/       or equi 
     & Range        valent    or equi-  place NTT 
               valent    of Xth 
                         & XIIth 
     Below 50%      15        22        37        18   18 
     Below 60%      18        25        43        22   22 
     (Above 50%) 
     Below 75%      20        30        50        25   25 
     (Above 60%)
     75% and above  23        35        58        27   27 
  

Note: The percentage in the 10+2/Intermediates/Sr.Sec. have been calculated in the five subjects. Last candidate selected in different categories are as under:-

 S.   Name of         Grading  Date of Birth 
     No.  Category
     01   General             72   30.11.69 
     02   Scheduled Caste     63 
     03   Ex-Service-men      55 
     04   Other Backward 
     Classes             55   05.06.68
      
     05   O.P.H.              62   13.08.77 
     06   Urdu Teacher 
     1. General          70   09.12.71 
     2. O.B.C.           59   03.12.68 
     3. Physically       55   26.01.64 
     Handicapped. 
     07   Nursery Teacher 
     1. General          75   27.12.70 
     2. O.B.C.           72   01.07.74 
  

Note: The candidates who have submitted the O.B.C. Certificate issued till 31.05.97 and applied to the Competent Authority of Govt. of N.C.T. Delhi on or before 31.07.1996, have been considered OBC category.

The Candidates while submitting their objections shall enclose the proof/evidence in support of their claim.

ADDIDTIONAL DY. COMMISSIONER (EDUCATION DEPTT H.P)

The MCD had stated that the percentage in the 10 + 2 and senior secondary had been calculated in five subjects. The MCD, as a matter of policy, had taken the decision and applied without any distinction whatsoever to all candidates ;who applied for selection. Therefore, when the MCD for the purpose of selecting the teachers from a large number candidates had to involve its own policy. That policy decision cannot be challenged by the petitioner unless it is shown to be irrational or illegal. The only argument as I noticed was the University and Delhi Administration had followed different method and the same, according to the petitioner, should be followed by the MCD. That argument would not make the policy decision taken by the MCD to be illegal or irrational. In view of this, I do not find any merit in the writ petition.

Accordingly, the writ petition stands dismissed.

There shall be no order as to costs.