Anju Sharma vs Govt. Of Nct & Ors
2009 Latest Caselaw 4547 Del

                                                        UNREPORTABLE

*       IN THE HIGH COURT OF DELHI AT NEW DELHI


                             W.P. (C) No.7297/2009


                                  Date of Decision: November 09, 2009


        ANJU SHARMA                       ..... Petitioner
                             Through Ms. Deepali Gupta, Legal Aid
                             Counsel

                        versus


        GOVT. OF NCT & ORS               ..... Respondents
                      Through Ms. Purnima Maheshwari,
                      Advocate for respondent No.1.
                      Mr. O.P.Sharma, Advocate for R-2.

        CORAM:
        HON'BLE MISS JUSTICE REKHA SHARMA

1.      Whether the reporters of local papers may be allowed to see the
        judgment? No
2.      To be referred to the reporter or not? No
3.      Whether the judgment should be reported in the 'Digest'? No

REKHA SHARMA, J. (ORAL)

The grievance of the petitioner who had applied for the post of

Assistant Teacher (General) in Guru Nanak Girls Senior Secondary

School, is that she had secured highest marks on the basis of her

educational qualification and yet was given less marks in the

interview in order to favour the candidates belonging to the minority

community. The detailed chart showing marks obtained by each

candidate in relation to the educational qualification and the interview

is annexed as Annexure R-2/B in the counter-affidavit of respondent

No.2. A perusal of the said chart does go to show that the petitioner

whose name appears at serial No.2 obtained the maximum marks in

so far as her educational qualification was concerned, but in the

interview, she was given 5 marks out of 20 which were the lowest.

The said chart also shows that those candidates who have been

ultimately selected secured less marks in comparison to the petitioner

qua their educational qualifications.

It is submitted by learned counsel for the petitioner that the

pattern of the marks awarded in the interview reflects bias on the part

of the members of the Selection Committee in favour of the

candidates belonging to the minority community. The allegation so

made is strongly refuted by learned counsels appearing for the

respondents who submit that except for the Chairman Sardar Mansa

Singh, all other members of the Selection Committee were non-Sikhs

and one of them was the nominee of the Director of Education and

one was the Zonal Officer of the Director of Education. It is further

submitted that in view of the constitution of the Selection Committee,

the allegation of bias is totally unfounded and uncalled for. In any

case, it has been pointed out that all the selected candidates do not

belong to the minority community and that two out of them, namely,

Pooja Arora and Ritu are from the other community.

Having regard to what has been noticed above, I am of the view

that mere fact that the petitioner secured highest marks as against

other candidates on account of her educational qualification does not

ipso-facto make her eligible for selection to the post of Assistant

Teacher. The marks obtained in the interview are of no less

significance and what marks are to be given to a candidate in the

interview is the sole discretion of the Selection Committee. The

petitioner has failed to make out a case that the Selection Committee

was favourably inclined towards the candidates belonging to the

minority community, especially when two out of five selected do not

belong to minority community. I see no merit in the petition. The

same is dismissed.

REKHA SHARMA, J.

NOVEMBER 09, 2009 ka