On 11.01.2018, the Central
Administrative Tribunal, Principal Bench, New Delhi (CAT) in “Ms. Suman Rohilla
vs. GNCTD & Ors.” [O.A. No. 2541 OF 2015] vide Order dated 11.01.2018, declared
that the candidates who have done two years Diploma in Education (DEd) are entitled
for age relaxation for the post of Teacher (Primary) in MCD.
In terms of the judgment
passed by the Hon’ble Delhi High Court in Writ Petition (Civil) No. 7297/2007 titled
“Sachin
Gupta & Others v. DSSSB”, decided on 28.08.2008, the
candidates who had completed “Certificate Course in ETE” in the year 2006 or
2007 or 2008, were entitled to appear in the examination by giving them age
relaxation up to 32 years for male candidates and 42 years for female
candidates.
Anuj Aggarwal, Advocate,
counsel for Ms. Suman Rohilla, argued that although it was not specifically
directed by the Hon’ble High Court in Sachin Gupta’s case (supra) that candidates
who completed “Two Years Diploma in Education” in 2006 or 2007 or 2008, would
be permitted by the DSSSB to appear in the examination by giving them age
relaxation up to 32 years for male candidates and 42 years for female
candidates yet the applicant, and other similarly placed candidates, are
entitled to age relaxation up to 32 years for male candidates and 42 years for
female candidates and denial of such age relaxation to the applicant, and other
similarly placed candidates, would be irrational, arbitrary and discriminatory
and thus violative of Articles 14 & 16 of the Constitution of India.
Accepting the
submissions made by Anuj Aggarwal, Advocate, CAT declared that the candidates
who have done two years “Diploma in Education” in 2006 or 2007 or 2008 are also
entitled for age relaxation for the post of Teacher (Primary) in MCD. CAT
further directed the DSSSB to grant one time age relaxation to Ms. Suman
Rohilla and forward her dossier for appointment to the concerned municipal corporation.
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