Delhi High Court
St. Anthony’S Girl’S Sr. Sec. ... vs Govt. Of Nct Of Delhi And Ors. on 28 February, 2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) No.14149/2009
% 28th February, 2017
ST. ANTHONY'S GIRL'S SR. SEC. SCHOOL THROUGH ITS
MANAGER AND ANR. ..... Petitioners
Through Dr. M P Raju, Advocate
versus
GOVT. OF NCT OF DELHI AND ORS. ..... Respondents
Through Mr. Peeyosh Kalra, ASC,
GNCTD with Ms. Sona Babbar,
Advocate for Respondent No.2
CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not? YES
VALMIKI J. MEHTA, J (ORAL)
1. By this writ petition under Article 226 of the Constitution
of India, petitioner no.1/school seeks the relief of quashing of the
impugned order dated 17.08.2009 of the respondent no.2/Director of
Education declining age relaxation for appointment of one Ms.
Alamma AJ as the Principal of petitioner no.1/school. The impugned
order dated 17.08.2009 reads as under:-
"GOVT. OF NATIONAL CAPITAL TERRITORY OF DELHI
OFFICE OF THE ADDITIONAL DIRECTOR OF EDUCATION
DIRECTORATE OF EDUCATION, OLD SECTT.,DELHI
(ACT BRANCH)
No. F.DE.15/ACT/2009/9897-98 Dated:17.8.2009
ORDER
With reference to the directions of the Hon'ble Hight Court of Delhi in WP(C)
530/2001 & CM 10028/2008 dated 24/10/2008, I am directed to convey the
candidate that Ms. Alamma A.J was considered and found not fit for the post of
Principal, on account of age restriction prescribed under the Recruitment Rules
applicable to the post.
This issues with the approval of Competent Authority.
Sd/-
(RASHMI KRISHNAN)
ADDL. DIRECTOR (EDUCATION)
To
The Manager, St. Anthony Girls Sr. Sec. School, Pahar Ganj, New Delhi through
the Deputy Director of Education, Distt. Central/New Delhi.
Sd/-
(RASHMI KRISHNAN)
ADDL. DIRECTOR (EDUCATION)"
2. The relevant recruitment rules for appointment of
Principal to a school in Delhi are as under:-
"DELHI GAZETTE : EXTRAORDINARY
EDUCATION DEPARTMENT
NOTIFICATION
Delhi, the 7th April, 1980
No.F.32/1/84/Gen./78-80/3721-4161 - In exercise of the powers conferred vide
Sec.8(1) and Section 13 of Delhi School Education Act, 1973 (18 of 1973) read with
rule 100 of Delhi School Education Rules, 1973 made under the said Act, the
Administrator of Delhi hereby makes the Recruitment Rules for the post of Principal
and Vice-Principal in Recognized Pvt. Schools including Unaided Minority Schools in
Consultation with the Delhi School Education Advisory Board and Central Board of
Secondary as per Annexure "A" & "B".
These Recruitment Rules shall come into force with immediate effect.
ANNEXURE "A"
Recruitment Rules for the post of Principal working in Recognized Schools in the
Union Territory of Delhi.
Name of post Scale of payWhether Age limit for Educational
selection post direct recruitment qualifications
or non
selection
Principal Rs.1100- 50- Selection A. Not exceeding (i) Master's Degree
1600 45 years. with at least II
Relaxable by 5 Division from a
years for a recognized University
candidate or equivalent.
belonging to (ii) Degree in
Schedule Caste / Teaching Education
Schedule Tribe. from a recognized
university or
B. Age relaxable equivalent.
in case of a (iii) 10 years
candidate experience of teaching
belonging to the as Vice-Principal TGT
same school. in Hr. Sec. School / Sr.
Sec. School or inter
Note: The crucial college.
date for *Condition of Second
determining the Division relaxable in
age limit shall be the case of candidate
the closing date belonging to the same
for receipt of school and also in case
application from of SC/ST candidates.
the candidate Desirable:-
(i) Experience in
Administration charge
of a recognized
High/Sr. Sec. school/
inter college
(ii) Doctorate Degree
(iii) M.Ed. Degree
from a recg.university.
Whether age Period of Method of rctt. In case of If a Selection
and educational probation if promotion Committee exists what
qualifications any. deputation/ is its composition
prescribed for transfer grades
direct recruits from which
will be transfer/
applicable in deputation /
case of promotion to be
promotion. made.
1 Age: no one year By promotion Promotion out of The Selection
2Qualifications failing which vice principal / committee as
yes, except as by direct PGTs prescribed under the
indicated in col. recruitment Delhi School
no.5 Education Act &
Rules.
Note :- Competent Authority may relax any of the essential qualifications in case of
candidate belonging to the same school after recording reasons thereof.
DELHI GAZETTE : EXTRAORDINARY
ANNEXURE - B
Recruitment Rules for the post of Principal and Vice-Principal working in the Government
aided school and recognized Schools in the Union Territory of Delhi.
Name of Scale of Whether Age limit for direct Educational qualifications
post pay Selection post recruits
or non-
selection
Vice- Rs.650- Selection (a)Not exceeding 45 Essentials:-
Principal 30-740- years. Relaxable by 5 (a) Master's Degree with at
35-810- years for a candidate least II Division from a
EB-35- belonging to Schedule recognized University or
Castes/ Schedule Tribes. equivalent.*
880-40-
(b) Age relaxable in case (b) Degree in Teaching
40-1000 of a candidate Education from a recognized
EB-40- belonging to the same university or equivalent.
1200 school. (c) 10 years experience of
teaching as TGT or 5 years
experience of teaching as
PGT.
*Condition of second
division relaxable in the case
of candidate belonging to the
same school and also in case
of Schedule Caste/Schedule
Tribes.
Desirable:
(i) Experience in
Administration charge of a
recognized High/Sr. Sec.
school/Intermediate College
(ii) Doctorate Degree
(iii) M.Ed. Degree from a
recognized University.
Whether age and Period of Method of In case of If a Selection
educational probation if recruitment rectt.promotion committee exists what
qualifications any. deputation/ transfer is its composition
prescribed for grades from which
direct recruits will transfer/ deputation
be applicable in / promotion to be
case of made.
promotion.
1. Age: no one year By promotion Promotion out of (i) The selection
2. Qualifications: failing which PGT/HM/ of the committee as
yes, except as by directsame school with prescribed under the
indicated in col. recruitment atleast 5 years Delhi School Education
no.5 experience as Act & Rules.
PGT/HM.
(ii) PGTs with at
least 10 years
experience as TGT
in case of
Secondary Schools
Note :- Competent Authority may relax any of the essential qualifications in case of
candidate belonging to the same school after recording reasons thereof.
3. In terms of the notification of the recruitment rule, the
requirement for appointment of a Principal of a school as per column 4
of the notification dated 07.04.1980; the maximum age for
appointment to post of Principal is 45 years i.e the age barrier is of 45
years. A person above the age of 45 years, therefore ordinarily, cannot
be appointed as Principal of the school.
4. The self-same column 4 at para B however specifies that
the age barrier is relaxable in case of a candidate belonging to the same
school. This aspect is further stated by means of a note to this
recruitment rule which provides that the competent authority may relax
any of the essential qualification in case of a candidate belonging to the
same school, and reasons will have to be recorded by the competent
authority as regards grant or denial of relaxation of essential
qualifications.
5. I am of the opinion that both column 4 & 5 lays down
essential qualifications for appointment of a Principal and that column
4 is an essential qualification with respect to age barrier and column 5
is with respect to essential qualifications which are educational
qualifications. I, therefore, do not agree with the argument urged on
behalf of petitioners that the age relaxation issue is not an essential
qualification.
6. In the present case Ms. Alamma AJ was appointed as
Principal of the petitioner no.1/school in terms of the Minutes of
Meeting of the Selection Committee dated 02.01.2009 and which
Minutes of Meeting read as under:-
Minutes of the Selection Committee meeting of St. Anthony's Girls' School,
Paharganj, New Delhi held on 2nd January, 2009 at 10.00 a.m. in the school
premises
A meeting of the Staff Selection Committee was held to choose and recommend a
suitable candidate to fill the vacant post of Principal, St. Anthony's Girls Senior
Secondary School, Paharganj, New Delhi, fell vacant due to the superannuation of
Miss E. Joseph, Principal.
The Members present:
S.No. Name Desgn.
1. Rev. Sr. Sharlet CFMSS Chairperson
2. Rev. Sr. Sebastina, CFMSS Councillor - Education
Seraphina Educational Society.
3. Rev. Sr. Laura, Manager
4. Rev. Sr. Agatha Member (Educational
Co-ordinator)
5. Rev.Fr. Jose Philip Educationist
6. Adv. Justin Fernandez Educationist
7. The Dy. Director of Education
Distt South West (B) Govt. Observer/Adviser
8. The Dy. Director of Education Govt. Observer/Adviser
Distt. Central / New Delhi
9. The Assistant Director of Education Govt. Observer/Adviser
(Vocational), Distt Central,
Plot No 5, Jhandewalan,
In pursuance of the decision and order the Hon'ble High Court of Delhi in the
matter of:-
St. Anthony's Girls' Senior Sec. School
V/s
The Govt. of NCT Delhi and Ors.
W.P.(C) 530/2001 & CM 10028/2008
The post was advertised in the Hindustan Times and Hindustan (Hindi) on 9 th
December, 2008. There were (16) sixteen candidates responded to the
Advertisement. All of them were called for the interview by intimating through
speed post. Out of them 13 following candidates have appeared before the
selection committee.
1. Ashu Sachdeva 2. Soosamma Joseph
3. Tanushree Bhattacharaya 4. Archana P. Kumar
5. Alamma A.J. 6. Seline Maria Josephine K.A.
7. Parveen Vashist 8. Namita Garg
9. Regi Joseph 10. Bharti Jha
11. Nidhi 12. Annamma K.P.
13. Rekha Rani Khanna
Among the candidates appeared before the SSC Miss Alamma A.J. is found most
suitable to be recommended to appoint to fill the vacant post of Principal. After
conducting the interview the SCC unanimously recommended Miss Alamma A.J.
for appointment in the post of Principal but the date of birth of Miss Alamma A.J.
28.8.1951 therefore she is overaged. The Managing Committee of the school
while considering the recommendation of the SSC may get the approval of the
Director of Education for age relaxation in the upper age in respect of Miss
Alamma A.J. as she is working in the same school from 1983 as TGT till 2000 and
functioning as PGT from 2000 to till date.
sd/- sd/-
1. Rev. Sr. Sharlet CFMSS 2. Rev. Sr. Sebastina
Chairperson Councillor - Education
Seraphina Educational Society.
sd/- sd/-
3. Rev. Sr. Laura, 4. Rev. Sr. Agatha
Manager Educational Co-ordinator
Member
sd- sd/-
5. Rev.Fr. Jose Philip 6. Adv. Justin Fernandez
Educationist Educationist
sd/- sd/-
7. The Dy. Director of Education 8. The Dy. Director of Education
Distt South West (B) Distt. Central / New Delhi
Govt. Observer/Adviser Govt. Observer/Adviser
sd/-
9. The Assistant Director of Education
(Vocational), D.E. (Nominee)
Govt. Observer/Adviser"
7. Minutes of Meeting dated 02.01.2009 shows that the
appointment of Ms. Alamma AJ was by means of direct recruitment by
first advertising the post in newspapers Hindustan Times and
Hindustan (Hindi) on 09.12.2008. The same Minutes of Meeting dated
02.01.2009 also records that Ms. Alamma AJ was over age and
therefore approval will have to be taken of the respondent
no.2/Director of Education for age relaxation. Therefore, not only
because of the contents of Minutes of Meeting dated 02.01.2009 but
also because of the language of recruitment rule which provides for age
relaxation, and which is to be taken with Rule 97 of the Delhi School
Education Rules, 1973, the respondent no.2/Director of Education was
required to examine as to whether or not age relaxation can or cannot
be granted to Ms. Alamma AJ for her appointment to the post of
Principal of the petitioner no.1/school.
8. For the sake of completion of narration, Rule 97 of the
Delhi School Education Rules is reproduced as under:-
"97. Relaxation to be made with the approval of the Director.- Where the
relaxation of any essential qualification for the recruitment of any employee is
recommended by the appropriate Selection Committee, the managing committee
of the school shall not give effect to such recommendation unless such
recommendation has been previously approved by the Director."
9. The conspectus of the above discussion shows that there is
a recruitment rule for appointment to the post of Principal, various
essential qualifications are provided for appointment to the post of
Principal including of age and educational qualifications, essential
qualifications can be relaxed by the competent authority both in terms
of the language of the recruitment rule as also by virtue of Rule 97 of
the Delhi School Education Rules. This aspect of age relaxation was
recommended by the petitioner no.1/school to the competent authority,
but the same was rejected by impugned order dated 17.08.2009.
However, the impugned order dated 17.08.2009 shows that same is a
non-speaking order and does not give any reasons for refusing age
relaxation for appointment of Ms. Alamma AJ to the post of Principal
of the petitioner no.1/school.
10. It is settled law in view of a Constitution Bench judgment
of the Supreme Court in the case of S.N. Mukherjee vs. Union of
India AIR 1990 SC 1984 that whenever a quasi judicial authority or a
statutory authority is required to take a decision, such a decision must
be by means of a speaking order giving reasons. Since the impugned
order dated 17.08.2009 only rejects the request for age relaxation made
by the petitioner no.1/school for appointment of Ms. Alamma AJ
without giving reasons by the Director of Education/Competent
Authority, accordingly, the impugned order dated 17.08.2009 will have
to be quashed as law requires the impugned order to be a speaking or
reasoned order, and which it is not.
11. I may also note that there was another issue in the present
case of whether Ms. Alamma AJ was or was not qualified in terms of
recruitment rules because there was an issue that since Ms. Alamma AJ
was only a TGT, hence, she could not be considered for appointment to
the post of Principal, but learned counsel for respondent no.2/Director
of Education has placed on record a copy of Gazette Notification dated
07.04.1980 as reproduced hereinabove, and it is therefore conceded by
respondent no.2/Director of Education that there is no requirement of a
candidate being a PGT for being considered for appointment to the
post of Principal of a school and even a TGT candidate can be
considered for appointment as a Principal to a school in Delhi.
12. In view of the above said discussion, this writ petition is
disposed of by setting aside the impugned order dated 17.08.2009 and
a direction is given to respondent no.2/Director of Education to hear
the petitioner no.1/school and thereafter pass a speaking/reasoned order
giving reasons as to why age relaxation should not be granted with
respect to appointment of Ms. Alamma AJ as Principal of the petitioner
no.1/school and as has been requested by the Selection Committee
Minutes of Meeting dated 02.01.2009. The necessary
speaking/reasoned order be passed by respondent no.2/Director of
Education within a period of two months from today.
13. Writ petition is disposed of accordingly and parties are
left to bear their own costs.
FEBRUARY 28, 2017 VALMIKI J. MEHTA, J
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