Sanjana vs The Addl. Dy. Commissioner And ...
1999 Latest Caselaw 371 Del

ORDER

Mukul Mudgal, J.

1. The petitioner applied in response to an advertisement issued by the respondent No.2, the Municipal Corporation of Delhi, on 16th July 1996 for the post of Primary Teacher. The petitioner had passed the Pre University Examination in 1985 from Maharashi Dayanand University, Rohtak securing 61.1 per cent marks. The said pre university course was of one year duration after obtaining the matriculation certificate for a 10 year course.

2. The petitioner was denied selection for the post of primary school teacher and the results were declared on 24th January 1998, by public notice inviting objections from the candidates. The petitioner herein filed her objections to the proposed results by bringing on record the fact that Pre University Course (1995) of Maharashi Dayanand University, Rohtak was of one year duration after 10 years of Matriculation examination of recognised Board which is considered equivalent to 11 year Higher Secondary programme.

3. Alongwith the counter affidavit, annexure R 1 has been filed and the reliance has been placed on a decision dated 8th August 1996 of the Education Department of the Municipal Corporation of Delhi. The said decision sets out the following table:

Cut off age Class Inter Sr Class XI ETC/JBT B.Ed/LT and range X Sec./XII in lieu NIT/eqequilevel level of X & uivalent valent XII (1) (2) (3) (4) (5) (6) Below 50% 15 22 37 18 18 Below 60% 19 25 43 22 22 (50% & above) Below 75% 20 30 50 25 25 (60% & above) 75% & above 23 35 58 27 27

4. The petitioner was denied the benefit of coloumn 3 which reads as under "class XI in lieu of X & XII". The respondents took the view that the Pre-University Course passed by the petitioner was not equivalent to class XI. It is not in dispute that the petitioner was otherwise eligible to be selected because if the benefit of coloumn 3 was given to her by considering her Pre-University Course marks,she would have got atleast the minimum grading of 72 getting appointment to the post of the Primary Teacher against the general category. By not giving the benefit of coloumn 3 to the petitioner,she was given only 70 marks. It is very clear that the circular treats the class XI in lieu of i.e. instead of class X and XII. The petitioner has annexed a copy of the letter of Association of Indian Universities and relevant portion thereof reads as under:

"Pre-University (1985) Course of Maharashi Dayanand University, Rohtak was of one year duration after 10(Ten) years Matriculation Examination of a recognised Board which was considered equivalent to 11(Eleven) years High Secondary Programme."

5. When the Association of Indian Universities treats the Pre University (1995) Course of Maharashi Dayanand University of Rohtak passed by the petitioner,as a Course equivalent to 11 years Higher Secondary Programme, then the respondent's -Municipal Corporation of Delhi's interpretation of coloumn 3 to mean that Pre University Course was not equivalent to class XI cannot be countenanced and the petitioner is entitled to avail of the benefit of Pre University Course of Maharashi Dayanand University so as to fall within the ambit of coloumn 3 of table of annexure RI dated 8th August 1996 and to claim the consequent benefit entitling her to secure at least 72 marks which entitle her to appointment. If the interpretation of coloumn 3 is as per the preceeding discussion it is not in dispute that the petitioner would be entitled to be appointed as a Primary Teacher.

6. Since class XI was in lieu of class X and XII, it was not open to the respondent-Municipal Corporation of Delhi to deny the benefit of its coloumn 3 and given the benefit of coloumn 3. The words "lieu" have to be given their natural meaning. In lieu is defined in Webster's Dictionary of the English Language Unabridged Encyclopedic Edition as - "lieu : place, stead, now used only in a phrase, in lieu of, instead of". The petitioner thus satisifies the eligibility criteria. It is, therefore, directed that the petitioner be appointed to the post of Primary Teacher by the respondents within 4 weeks from today.

7. With the above observations the writ petition is disposed of with no order as to costs.