Delhi High Court
Narendra & Ors. vs Govt. Of Nct Of Delhi & Ors. on 4 July, 2008
Author: Pradeep Nandrajog
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4701/2008
NARENDRA & ORS. ..... Petitioners
Through: Mr. S.U.Mirza, Advocate
Mr. Arun Sukhija, Advocate
versus
GOVT. OF N.C.T. OF DELHI
& ORS. ..... Respondents
Through: Mr. Mukesh Gupta, Advocate for R-1.
Mr. Amit K.Paul, Advocate for R-2.
DATE OF DECISION:
% 04.07.2008
CORAM:
Hon'ble Mr.Justice Pradeep Nandrajog
1. Whether reporters of local papers may be allowed
to see the judgment?
2. To be referred to the Reporter or not?
3. Whether judgment should be reported in Digest?
: PRADEEP NANDRAJOG, J.(Oral)
1. Though notice has not been issued, counsel as
above appears for respondent No.2, the contesting
respondent.
2. A perusal of the writ petition shows that respondent
No.1 is neither a necessary nor a proper party. I wonder why
respondent No.1 has been impleaded as a respondent?
3. Petitioners are aggrieved that the Municipal
W.P.(C) No.4701/2008 Page No.1 of 5
Corporation of Delhi has mandated in its advertisement
notifying applications from eligible candidates for contractual
appointment as teachers under it to submit the requisite
applications by post with further condition that the same
should reach the Municipal Corporation of Delhi by 5:00 PM on
16.6.2008.
4. The advertisement in question was issued by the
Municipal Corporation of Delhi on 3rd June, 2008.
5. It is stated by the petitioners that since they learnt
about the advertisement through friends and acquaintances
and thereafter traced the relevant advertisement they lost
valuable time and could only be in a position to arm
themselves to submit their applications on 16.6.2008. They
state that they wanted to deliver their applications by hand
which were not so received by the Corporation compelling
them to post their applications by speed post at around 2:00
PM on 16.6.2008.
6. It is urged by learned counsel for the petitioner that
there is no reason why Municipal Corporation of Delhi should
not receive the applications by hand or on-line (e-mail).
7. Prima facie, there is merit and logic in the
contention urged by learned counsel for the petitioner.
8. But unfortunately, the corrupt officers in this
W.P.(C) No.4701/2008 Page No.2 of 5
country blunt all logic and compels policies to be framed,
where, to prevent corruption methodologies have to be
evolved, which may not sound very logical, but under the
circumstances is the only route available.
9. Mr. Amit K.Paul, who appears for the MCD states
that in the past not one, not two but many instances have
surfaced when corrupt municipal employees in league with
mischievous element have belatedly received applications and
have manipulated the record to show as if the same were
received within time. Mr. Amit K.Paul states that this action of
the corrupt employees embroiled the corporation in
multifarious litigations resulting in a decision being taken that
no application should be received by hand. That all
applications should be received by post so that there is
independent corroborative proof of dispatch and proof of the
time of receipt of the relevant applications.
10.. Corruption in the executive is felt by virtually every
segment of the society. I would welcome any policy which
may not be very logical (provided it is not irrational) which
prevents the corrupt from milking the society. I accept the
explanation furnished to this Court by the Municipal
Corporation of Delhi through its counsel. Keeping in view the
work environment in the corporation there is merit in the policy
W.P.(C) No.4701/2008 Page No.3 of 5
that applications would not be received by hand.
11. As regards the non-acceptance of applications by e-
mail, suffice would it be to state that the applications have to
be accompanied by testimonials, certificates etc. Attested
copies whereof would be required by the municipal authorities.
12. It need hardly be emphasized that contractual
appointments of teachers is resorted to by the Municipal
Corporation of Delhi for the reason regular vacant posts have
to be filled up through the process of selection conducted by
DSSSB, an independent agency, which again was constituted
because of serious litigation faced by the Corporation alleging
malpractice in appointment of teachers.
13. Unfortunately, DSSSB takes its own time to
complete the recruitment process. After the summer recess
municipal schools reopen in the first week of July. If DSSSB
does not make the necessary empanelment of eligible
candidates by June, MCD is left with no option other than to go
in for short term contractual appointments. This means that
the process of contractual appointment has to be fast tracked
and everything has to be completed within a short span of 2
weeks.
14. It has to be noted that the contractual appointments
of teachers normally lasts for duration between 4 months to 6
W.P.(C) No.4701/2008 Page No.4 of 5
months. Not much valuable rights of persons are affected for
the reason these appointments do not result in any vested
right being created in favour of the person taken on
contractual appointment. Regular appointments are always
made through the process of selection through DSSSB.
15. Before concluding I may record the submission of
learned counsel for the MCD that for most of the zones the
process of contractual appointments has been completed by
issuing the relevant lists. In a zone or two the matter is in the
last stage.
16. No relief can be granted to the petitioners for the
reason admittedly the applications posted by them at 2:00 PM
on 16.6.2006 admittedly did not reach the MCD by 5:00 PM on
16.6.2006.
17. The petition is dismissed.
18. No costs.
PRADEEP NANDRAJOG, J.
JULY 04, 2008
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