Jugender Sharma vs The Secretary, Delhi ...
2005 Latest Caselaw 621 Del

JUDGMENT

B.C. Patel, C.J.

1. Learned single Judge after considering all the submissions made by the appellant herein on 17.1.2005 dismissed WP(C) No. 2190/2004 against which the present appeal is preferred.

2. Substance of the contention is that the date on which the vacancy fell, the appellant being qualified on that date, he ought to have been considered. According to the counsel, it is not open to the school to change the qualifications and they could have changed it only after filling the existing vacancy. The respondent school, an unaided private school, which is having independence in such matters, has enhanced the qualification. It cannot be said that any wrong is committed if a decision is taken to enhance the educational standards nor it can be said that the school has no power to raise the qualifications of teachers.

3. Learned single Judge has rightly held that it should be the endeavor of every educational institution to enhance educational standards and this cannot conceivably be achieved without making a concerted effort to raise the qualifications of the teacher. We are of the opinion that the moot question is that at the time of advertisement, if a person is qualified, then he is required to be considered and not otherwise.

4. There is no infirmity in the impugned order. The appeal is dismissed.