Delhi High Court
Shri Mukesh Kumar vs Govt. Of Nct Of Delhi And Others on 9 April, 2001
Author: . M Sharma
Bench: . M Sharma
ORDER
Dr. Mukundakam Sharma, J.
1. The relief that is sought for by the petitioner in the present writ petition is for a direction to the respondents to appoint the petitioner to the post of TGT Natural Science/Physical Science in the Directorate of Education, Government of National Capital Territory of Delhi.
2. The respondent No. 3 published an advertisement by which the said respondent invited applications from eligible candidates for filling up the vacancies in the post of Teachers Along with other technical posts in the Government of National Capital Territory of Delhi, MCD, NDMC, DVB etc. The petitioner submitted his application as against the post of TGT Natural Science/Physical Science and as the petitioner belongs to the Scheduled Caste category he applied for appointment against the vacancy of a Scheduled Caste category. A certificate showing that the petitioner is a Scheduled Caste candidate was also annexed with his application form. The petitioner was called for the written examination. He duly appeared in the said written examination and was declared successful in the result published in NAV BHARAT TIMES. In the said list however, the name of the petitioner was shown against Scheduled Tribe category. As no appointment letter was issued to the petitioner, the petitioner represented before the respondents and when nothing was done by the said respondents, the petitioner filed the present petition in this court seeking for the aforesaid relief.
3. A counter affidavit was filed by respondent No. 3 contending inter alia that the petitioner was not successful in the written examination and his name was wrongly shown in the said list which was published in NAV BHARAT TIMES. It is stated therein that there were two Mukesh Kumars namely - Mukesh Kumar son of Shri Harpal Singh (petitioner) belonging to the Scheduled Caste category and Mukesh Kumar son of Shri Somveer Singh who belongs to the Scheduled Tribes category. It is stated that Mukesh Kumar son of Shri Somveer Singh was successful as against the Scheduled Tribes category post and the Board declared his result as he was found successful on merit in the written examination. It is also stated that the result was published in NAV BHARAT TIMES newspaper on 3.10.1999 and that the roll number of the petitioner was wrongly declared due to mixing of application forms of both Mukesh Kumars. The aforesaid mistake was detected by the Department of Education/respondent No. 2 as the name of the petitioner did not tally with the category i.e. Scheduled Tribe in the instant case and hence the matter was referred to the Board/respondent No. 3 under Department of Education's letter dated 21.1.2000, pursuant to which the case was examined and it was found that Mukesh Kumar son of Shri Somveer Singh was successful in the zone of consideration in the Scheduled Tribe category with roll No. 116278. But by mistake the admit card and the first page of the application form of the petitioner with documents of Mukesh Kumar son of Shri Somveer Singh, and accordingly the Board released the result with roll No. 220464 as successful, which was the roll number of the petitioner.
4. In view of the aforesaid stand taken by the parties, this court felt it necessary to call for the result sheets Along with the relevant records pursuant to which letters dated 21.1.2000 and 8.2.2001 Along with report dated 21.12.1999 and the result sheets are placed on record. I have also perused the said documents filed. The reference made by the Directorate of Education to respondent No. 3 dated 21.1.2000 is also placed on record. By the said reference the respondent No. 3 was informed that the letter dated 21.10.1999 issued by respondent No. 3 forwarding the name of the petitioner for appointment to the post of TGT Natural Sciences/Physical Sciences does not tally with the dossier received Along with the merit list as the dossier sent was that of Mukesh Kumar son of Shri Somveer Singh. Pursuant to the said letter the offer of appointment was issued to Mukesh Kumar son Shri Somveer Singh whose dossier was received and said Mukesh Kumar son of Shri Somveer Singh accepted the offer of appointment and letter of provisional appointment was also issued under letter dated 2.12.1999. It was further intimated that before the said candidate could join duties the other Mukesh Kumar namely - petitioner with copy of duplicate admit card bearing roll No. 220264 showing different address as given in the dossier appeared and submitted a representation that he was selected by the respondent to the post of TGT Natural Sciences and that in view of the said position the candidate who was issued provisional appointment namely - the other Mukesh Kumar was not allowed to join duties and in the background of the said facts clarifications were sought for from respondent No. 3.
5. In response to the said letter the respondent No. 3 informed the Directorate of Education that the result of the petitioner was inadvertantly declared as against the Scheduled Tribes category although he belongs to the Scheduled Caste category and that his score does not meet the cut off for the Scheduled Caste category for TGT (Natural Science). Accordingly the selection to the post of TGT (Natural Science) of the petitioner was withdrawn and cancelled and that Mukesh Kumar son of Shri Somveer Singh with roll No. 116278 who is Scheduled Tribe candidate and whose score was above the Scheduled Tribe category cut off for TGT (Natural Sciences) was declared provisionally selected and placed at S.No. 48 of the civil list. The result sheets of the two candidates placed on record also disclose that the petitioner is a Scheduled Caste Category candidate whereas Mukesh Kumar son of Shri Somveer Singh is a Scheduled Tribe category candidate. Being a Scheduled Tribe category candidate with score of 215 which is above the Scheduled Tribes category cut off for TGT (Natural Sciences) he qualifies and was rightly declared provisionally selected and placed at S.No. 48 of the civil list whereas the petitioner who belongs to the Scheduled Caste category scored 240 which did not meet the cut off for Scheduled Caste category for TGT (Natural Sciences). The petitioner, therefore, could not have been declared selected, which appears to be a bonafide mistake and error on the part of respondent No. 3. Since the petitioner's score did not meet the cut off for Scheduled Castes category for TGT (Natural Sciences) no direction could be issued to the respondent as sought for in the writ petition.
6. In the result, I find no merit in the writ petition and the same is dismissed. There will be no order as to costs.
