Delhi High Court
Komal vs Delhi Subordinate Services ... on 13 September, 2023
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: September 13, 2023
+ W.P.(C) 9162/2021 & CM Appls. 28544/2021, 37683/2022
(26) KOMAL ..... Petitioner
Through: Mr. Sudarshan Rajan and Mr. Hitain
Bajaj, Advs.
versus
DELHI SUBORDINATE SERVICES
SELECTION BOARD & ORS. ..... Respondents
Through: Mrs. Avnish Ahlawat, Standing
Counsel, GNCTD (DSSSB) with
Mrs. Taniya Ahlawat, Mr. Nitesh
Kumar Singh, Ms. Laavanya Kaushik,
Ms. Aliza Alam and Mr. Mohnish
Sehrawat, Advs.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
V. KAMESWAR RAO, J. (ORAL)
1. Though the challenge in this petition is to an order dated June 21,
2021 in O.A. 1114/2021 titled as Mrs. Komal v. Delhi Subordinate Service
Selection Board, (DSSSB) & Ors., Mr. Sudarshan Rajan, learned counsel
for the petitioner, states that the petitioner shall not contest the judgment
rendered by the Tribunal in respect of relaxation of upper age limit by ten
years as the said issue stands covered by judgment of this Court in the case
of Sachin Gupta & Ors. v. Delhi Subordinate Services Selection Board
(DSSSB) Through its Chairman & Ors., 152 (2008) DLT 378 (DB) but as
the other prayers sought by the petitioner before the Tribunal, in respect of
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KUMAR YADAV W.P.(C) 9162/2021 Page 1
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relaxation, to the extent of two years were not considered by the Tribunal,
the matter be remanded back to the Tribunal. In support of his submission,
he has relied upon the DoP&T notification dated December 21, 1998.
2. Though, Mr. Nitesh Singh, learned counsel appearing for the
respondent, contest the applicability of the said OM for appointment of
Assistant Teachers under the Government of NCT of Delhi, we are of the
view, that since specific prayers have been made in the O.A. in that respect,
which we reproduce as under, the matter is required to be remanded back to
the Tribunal.
"(2) Set aside the impugned Advertisement no.2/21 dated
12.05.2021 issued by the respondent no.1 in as much as it
provides for age limit not exceeding 30 years for Assistant
Teacher (Primary) under code 42/21 & 47/21 in as much as it
is violative to Rule no.3 & 4 contained in Notification
no.15012/6/98-Estt. (D) of Govt. of India, Ministry of
Personnel, Public Grievances & Pensions (Department of
Personnel & Training) New Delhi dated 21.12.1998, in as
much as the upper age prescribe for the post as 30 years
needed to be increased to 32 years as per the said Notification.
Or/and
(3) direct the respondents no.1 to issue corrigendum in the
present impugned Advertisement by increasing upper age limit
from 30 years mentioned in the advertisement to 32 years (with
five years of SC relaxation to SC & ST) for the post of Assistant
Teacher (Primary) with code no.42/21 and 47/21 as per Rule
no.3 of Notification no.15012/6/98-Estt. (D) of Govt. of India,
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training) New Delhi dated
21.12.1998.
Or/And
(4) Direct the respondent no.2,3 & 4 to amend the existing
recruitment rules relating to the post of Assistant Teacher
(Primary) under code no.42/21 & 47/21 by incorporating the
Rule 3 of the DOP & T Notification dated 21.12.1998 as
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referred to above and get the fresh advertisement for
recruitment to the said posts again through the respondent no.1
on time bound and priority basis."
3. This we say so as, on perusal of the impugned order, the said aspect
has not been dealt with by the Tribunal. Accordingly, we revive the O.A. on
the board of the Tribunal to consider prayers (2), (3) and (4) of the O.A. and
decide the same in accordance with law.
4. Liberty is granted to the respondents to file an additional affidavit in
respect of the aforesaid prayers made in the O.A. before the Tribunal.
5. For the hearing purpose, we list the O.A. 1114/2021 on October 09,
2023. It is made clear, all the pleas of parties in respect of the aforesaid
prayers are left open to be canvassed before the Tribunal.
6. Though, Mr. Rajan has made a submission that a direction to be given
to the Tribunal to dispose of the O.A. at an early date, appropriate shall be
for Mr. Rajan to make such a request to the Tribunal.
7. The petition along with pending applications is disposed of.
V. KAMESWAR RAO, J
ANOOP KUMAR MENDIRATTA, J
SEPTEMBER 13, 2023/ds
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Digitally Signed By:ASHEESH
KUMAR YADAV W.P.(C) 9162/2021 Page 3
Signing Date:14.09.2023
19:03:18
