Sunil Chauhan, S/O Shri D.B.S. ... vs The Commissioner, Municipal ...
2003 Latest Caselaw 759 Del

JUDGMENT

Vijender Jain, J.

1. Rule.

2. Writ petition has been filed by the petitioner aggrieved by his non-appointment to the post of Junior Engineer. It is the case of the petitioner that in terms of the advertisement, petitioner participated in the examination conducted by respondent no.2 and was declared successful. When he was not receiving appointment letter, he approached authorities but in vain. Ultimately he filed this writ petition. According to the petitioner, the petitioner was to be granted relaxation of age as contemplated in the brochure which contained the following clause:- "Age relaxation for Group C post for Sportspersons up to 5 years"

3. It is the case of the petitioner that the petitioner has produced a certificate from the competent authority that he had played football at the zonal level. The petitioner's case, it seems, was not considered for relaxation of age by the respondent. My attention has been drawn to the legal opinion rendered by the Chief Legal Adviser of the MCD (which is at page 37 of the paper-book), thereafter, matter was considered by the Personnel Department of the respondent and the Director (Personnel) recorded in the following note :

"The above mentioned OMs clearly indicate that the age relaxation can be given to holder of meritorious sportsmen to whom certificate is issued by Dir./Addl./Jt./Dy.Dir., who is overall in-charge for schools in the Directorate of Public Institution of the State. In the instant case the sponsored/selected candidates Sh.Sunil Chauhan is stated to be in possession of sports certificate issued by Delhi Schools sports and Activities Board, Directorate of Education, Delhi, which seems to be one of the authorised body for issuing such certificates and is maintainable under the OM. Further more, it reveals that Sh.Sunil Chauhan, the candidate so sponsored by DSSSB, was the alone claimant for age relaxation under the sports quota amongst all candidates so selected/sponsored by DSSSB during the said course of selection. The order of preference is therefore restricted under clause (f) of the said OM dated 4-5-95 (page 30/C). This also entitles him for claim of age relaxation.

In view of above, the case seems to be in order and the candidate who is over-age by 3 1/2 years [as per provision of age limits prescribed under the RRs for the post of J.E. (Civil)] is entitled for age relaxation under the provisions of OMs referred to herein above subject to the conditions that Engg. Deptt. Before seeking former approval from the Competent Authority for age relaxation for appointment of Shri Sunil Chauhan as well may get the meritorious sports certificates verified from the Agency concerned and ensures that the said issuing Agency falls under the category of Authorities so prescribed under the said OMs."

4. Still relaxation in age was denied to the petitioner. The learned counsel for the respondent has now contended that appointment was also denied on the ground that petitioner was not registered with the Employment Exchange as on the cut off date. Petitioner has stated that petitioner was registered with the Employment Exchange on 16th December, 1994 and that registration was renewed on 18th August, 1998.

5. The plea of the counsel for the respondent that document pertaining to registration of the petitioner with Employment Exchange was not filed along with the application seems to be not correct in view of the averment of the petitioner that the petitioner had filed all the relevant documents. I have seen the copy of the registration certificate issued from Employment Exchange. The date of registration is 18th December, 1998.

6. In view of the submissions made by counsel for the parties, it seems that the respondent has been unnecessarily denying rightful employment to the petitioner by not granting relaxation in age in terms of their own brochure. The petitioner has produced the certificate which was a requirement under the office memorandum on which reliance has been placed by both the parties and in the said office memorandum one of the authorities to issue certificate of meritorious sportsman is Director/Additional/Joint/Deputy Director, who is in charge of any school in the Directorate of Public Institutions of the State, in the instant case the petitioner is in possession of sports certificate issued by Delhi Schools Sports and Activities Board, Director of Education, which is one of the authorised bodies for issuing such certificate and the same is so stated in the office memorandum on which reliance has been placed by the respondent themselves. The contention of the learned counsel for the respondent that the petitioner was not registered with the Employment Exchange is also of no avail as in fact the petitioner was registered with the Employment Exchange on 18th December, 1998 even if I do not take his date of registration from 16th December, 1994.

7. Judging from any angle, the petitioner cannot be denied relaxation in age and consequential appointment once he has been selected by respondent no.2. A direction is issued to respondent no.1 to issue appointment letter to the petitioner in terms of selection list made by respondent no.2 within four weeks.

8. Rule is made absolute.