Suresh Chand vs Govt. Of Nct Of Delhi & Ors.
2017 Latest Caselaw 651 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                         W.P.(C) No. 8248/2008
%                                                     3rd February,2017

SURESH CHAND                                                 .....Petitioner
                          Through:       None.
                          versus

GOVT. OF NCT OF DELHI & ORS.                     ..... Respondents

Through: Mr. Santosh Tripathi, Adv. for R/Govt. of NCT of Delhi.

Mr. R.K.Kapoor and Ms. Rekha Giri, Advs. for R-4,5 & 6.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?

VALMIKI J. MEHTA, J (ORAL)

1. By this writ petition under Article 226 of the Constitution of

India, petitioner seeks appointment to the post of PGT (Pol. Science) with

the Sant Nirankari Boys Senior Secondary School, represented by

respondent nos. 4 to 6.

2. The case of the petitioner is that he has been appointed as TGT

(Pol. Science) in the respondent/school from 28.11.1994 and is entitled for

promotion to the post of PGT (Pol. Science) after completion of 14 years of

continuous services inasmuch as from July 2006, the post of PGT (Pol.

Science) is lying vacant after retirement of Sh. Raj Singh Sharma, PGT (Pol.

Science). Petitioner pleads that there are a total of 9 posts in the school for

PGTs candidates of which one is lying vacant and hence petitioner who falls

in the SC category should be appointed to the vacant post arising on account

of retirement of Sh. Raj Singh Sharma on 31.7.2006.

3. The respondent/school is an aided school i.e 95% of the aid of

the school is given by the Director of Education. Respondent/school has

filed its counter-affidavit and stated that out of 9 posts in the school 8 are for

unreserved category and one was for reserved category. In the reserved

category post one Sh. Satyavir Singh was appointed by the

respondent/school on 29.3.1993. The post of Sh. Satyavir Singh in the

respondent/school was however declared surplus and Sh. Satyavir Singh

was therefore posted in SVS Bawana, Delhi vide order dated 16.7.1998 of

the Director of Education. It is pleaded by both the Director of Education as

also the respondent/school that the present vacancy which arises on account

of retirement of Sh. Raj Singh Sharma is a vacancy for an unreserved

category, and therefore, petitioner who seeks appointment to a reserved

category cannot be appointed to the unreserved category post.

4. In view of the above facts which show that the petitioner seeks

appointment to the post of PGT (Pol. Science) as a reserved category

candidate, but the post which has fallen vacant on the retirement of Sh. Raj

Singh Sharna on 31.7.2006 is of PGT (Pol. Science) in the unreserved

category, therefore, petitioner cannot claim appointment to this post as an

SC candidate inasmuch as the post is for an unreserved category candidate.

5. In view of the above, this writ petition is without merit and is

therefore dismissed.

February 03, 2017                                VALMIKI J. MEHTA, J
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