Saturday, March 30, 2024

Delhi School Tribunal set aside removal order of a Post Graduate Teacher (PGT) of a Govt. aided school – Direction issued to the school to reinstate the teacher and pay her full salary till the date of superannuation – Appeal allowed with costs

Delhi School Tribunal

27.03.2024

Delhi School Tribunal set aside removal order of a Post Graduate Teacher (PGT) of a Govt. aided school – Direction issued to the school to reinstate the teacher and pay her full salary till the date of superannuation – Appeal allowed with costs

[Anuradha Kumar Vs. Satyawati Sood Arya Girls Sr. Sec. School & Anr., Appeal No. 52/2018, decided on 27.03.2024 by Delhi School Tribunal]

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Anuj Aggarwal

Advocate

D-26/A, First Floor, Jangpura Extension,

New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Landline – 011 - 35554905

Email – anujaggarwal1984@gmail.com

 

Saturday, March 9, 2024

Age relaxation to guest teachers beyond 5 years – for appointment on the post of TGT – CAT granted interim relief

Central Administrative Tribunal, Delhi

06.03.2024

 

Age relaxation to guest teachers beyond 5 years – for appointment on the post of TGT – CAT granted interim relief

 

On 30.07.2012, Ms. Sheetal was appointed as a Guest Teacher by the Directorate of Education, Govt. of NCT of Delhi. Since 30.07.2012 till date, Ms. Sheetal is regularly working as a Guest Teacher with the Directorate of Education.

 

Vide Office Memorandum dated 11.06.2019, Delhi Government granted 05 years age relaxation to the Guest Teachers working in the Directorate of Education, Govt. of NCT of Delhi.

 

On 12.01.2024, the Delhi Subordinate Services Selection Board (DSSSB) issued Vacancy Notice/Advertisement No. 02/2024 dated 12.01.2024. In the said Advertisement, the DSSSB invited applications, inter-alia, for appointment on the post of TGT (English) (Female) (Post Code: 804/24), TGT (Social Science) (Female) (Post Code: 805/24) as well as TGT (Hindi) (Female) (Post Code: 807/24) in Directorate of Education, Govt. of NCT of Delhi. In the said Advertisement, the upper age limit for male candidates is stipulated as 32 years whereas, the upper age limit for women candidates is stipulated as 40 years. In case of male candidates, the respondents have applied Central Civil Services and Civil Posts (Upper Age-limit for Director Recruitment) Rules, 1998 whereas, in case of the female candidates, the respondents have failed to apply the said Rules.

 

Being overage, even after availing 5 years age relaxation as applicable to the guest teachers, Ms. Sheetal filed an Original Application (OA No. 817/2024) before the Central Administrative Tribunal, Delhi. Vide Order dated 06.03.2024, the Hon’ble Central Administrative Tribunal granted interim relief in favour of Ms. Sheetal and directed the DSSSB to accept her the application forms for appointment on the post of TGT. Directive paragraphs of the Order dated 06.03.2024 are reproduced below for ready reference: -

 

9.4 The applicant in OA No.817/2024 is an aspirant for the post of TGT (English) (Female), TGT (Social Science) (Female) and TGT (Hindi) (Female), who applied against the vacancy notice dated 12.01.2024. Learned counsel for the applicant produced letter dated 04.08.2023 issued by Dy. Director of Education (E-III) regarding requisitions for filling up vacancies of TGT/TGT (MIL) for 4784 posts occurred during the vacancy year 2021 & 2022, meaning thereby that the old RRs have to be taken into consideration. He submits that the vacancy notice also includes backlog vacancies and this backlog goes upto the year 2021-22. He further submits that the applicant herein was eligible for participation for this post till 12.01.2024, when she crossed the upper age limit. He argues that since the advertisement was also for backlog vacancies, the eligibility of age criteria should be determined with respect to the year of the said vacancies. The lis challenging the RRs as well as the representation are pending in this case. This OA is also challenging the Office Memorandum dated 11.06.2019 issued by Special Secretary (Services), Govt. of NCT of Delhi to the extent it has failed to provide age relaxation for the guest teachers upto number of years they have worked with the respondents.

10. Conclusion:

 

10.1 Learned counsel for applicants have made out a prima facie case, balance of convenience also lies in favour of the applicants and if the interim protection is not granted she is likely to suffer irreparable loss and injury more particularly, when the matter pertains to age relaxation. Therefore, he seeks an interim protection to the extent that applicant is permitted to participate in the selection/examination provisionally. Accordingly, by way of an interim measure, we direct the respondents to permit the applicant to participate in the examination. However, her result shall be kept in a sealed cover.

 

10.2 It is made clear that right to participate shall not give any indefeasible right to the applicants for future selection. The interim order is being passed purely to enable the applicants to participate in the selection process without prejudice to the rights and contentions of either party. The issue of age relaxation which is a larger issue shall be determined at the stage of final hearing.

 

[Sheetal Vs. DSSSB & Ors., O.A. No. 817/2024, Date of Order – 06.03.2024, Central Administrative Tribunal (CAT), Principal Bench, New Delhi]

 

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Anuj Aggarwal

Advocate

D-26/A, First Floor, Jangpura Extension,

New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Landline – 011 - 35554905

Email – anujaggarwal1984@gmail.com

 

 

Age relaxation for appointment on the post of Assistant Teacher (Nursery) in MCD - Interim relief granted to contractual teachers of MCD

Central Administrative Tribunal, Delhi

02.02.2024

 

Age relaxation for appointment on the post of Assistant Teacher (Nursery) in MCD - Interim relief granted to contractual teachers of MCD

 

Vide Advertisement dated 22.12.2023, DSSSB has invited applications for appointment on the post of Assistant Teacher (Nursery) (Female) (Post Code 817/23). Total 1,261 vacancies of Assistant Teacher (Nursery) (Female) have been advertised. Upper age limit for appointment, as stipulated by DSSSB in the Advertisement, is 30 years. However, further 5 years age relaxation is provided for the contractual teachers working in the MCD.

 

Pinki Maurya & 8 others are working as contractual teachers with MCD for last several years (period ranging from 13 years to 21 years). Despite availing 5 years age relaxation, they are still overage and, therefore, cannot apply for appointment on the post of Assistant Teacher (Nursery) (Female).

 

Last advertisement for appointment on the post of Assistant Teacher (Nursery) (Female) in MCD was issued on 12.07.2010. In other words, after 13 years DSSSB/MCD has issued the advertisement dated 22.12.2023 for direct appointment on the post of Assistant Teacher (Nursery) (Female).

 

Since Pinki Maurya & 8 other became overaged in terms of the advertisement dated 22.12.2023, they filed an Original Application (OA No. 198 of 2024) before the Central Administrative Tribunal (CAT), Principal Bench, New Delhi.

 

Counsel for Pinki Maurya & Ors. contended before CAT that the applicants are entitled to age relaxation up to the number of years they have worked as contractual teachers with the MCD and limiting the age relaxation to 5 years is illegal. It was also submitted that last advertisement was issued 13 years back and the applicants before the Tribunal have not availed the benefit of age relaxation even once in their entire service period with MCD. Applicants also prayed for interim relief that a direction be issued to the DSSSB to accept the application forms of the applicants and allow them to appear in the examination.

 

Considering the submissions made by the applicants, CAT vide Order dated 02.02.2024 granted interim relief. Directive paragraphs of the Order dated 02.02.2024 are reproduced below for ready reference: -

 

“7. We have considered the submissions made by the learned counsels for the parties.

 

8. In the facts and circumstances of the case and keeping in view the law laid down by the Hon’ble Apex Court in the case of Delhi University (Supra), as an interim measure, respondents are directed to consider the applicants’ candidature provisionally in order to enable them to participate in the selection process pursuant to the advertisement no. 8/2023 for the post of Assistant Teacher (Nursery), (Post code 817/23), if the applicants submit the requisite applications/documents in this regard, otherwise complete in all other aspects. It is clarified that such participation of the applicants, shall not bestow upon them any enforceable right to claim appointment to the said post and their candidature shall be subject to the final outcome of the present O.A.

 

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[Pinki Maurya & Ors. Vs. DSSSB & Ors., OA No. 198/2024, date of Order – 02.02.2024, Central Administraive Tribunal, Principal Bench, New Delhi]

 

Anuj Aggarwal

Advocate

D-26/A, First Floor, Jangpura Extension,

New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Landline – 011 - 35554905

Email – anujaggarwal1984@gmail.com

Delhi High Court granted 6 hours custody parole to Yogesh @ Tunda for marriage

Delhi High Court

05 March 2024

 

Delhi High Court granted 6 hours custody parole to Yogesh @ Tunda for marriage

 

Delhi High Court, on 05 March 2024, granted 6 hours custody parole to Yogesh @ Tunda to perform his marriage. Hon’ble Mr. Justice Amit Mahajan allowed the petition of Yogesh @ Tunda seeking custody parole to perform his marriage at Arya Samaj Mandir.

 

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https://twitter.com/ANI/status/1764951329535836449

 

https://www.aninews.in/news/national/general-news/tillu-tajpuria-murder-case-delhi-hc-grants-custody-parole-to-gangster-yogesh-tunda-for-marriage20240305170852/

 

[Yogesh @ Tunda Vs. State (Govt. of NCT of Delhi), BAIL APPLN. 622/2024, Delhi High Court, Date of decision – 05 March 2024]

 

Anuj Aggarwal

Advocate

D-26/A, First Floor, Jangpura Extension,

New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Landline – 011 - 35554905

Email – anujaggarwal1984@gmail.com

 

 

Thursday, March 7, 2024

Non-Implementation of RTE Act, 2009 and allegations of poor conditions of schools in Bihar: SC issues notice to authorities

Supreme Court

04.03.2024

 

Non-Implementation of RTE Act, 2009 and allegations of poor conditions of schools in Bihar: SC issues notice to authorities


In a special leave to appeal against Patna High Court’s final order, whereby a Public Interest Litigation petition seeking implementation of the provisions of Right of Children to Free and Compulsory Education, Act 2009 (‘Act’) was dismissed for being misconceived, the three Judge Bench comprising of the Dr. DY Chandrachud, CJI and J.B. Pardiwala and Manoj Misra, JJ. issued notice to the authorities concerned.

 

In the matter at hand, a social activist group dedicated to the common cause for imparting education to the children alleged that upon visit to several schools in the district of East and West Champaran, the conditions were found to be bad. Accordingly, a report was also prepared which has been made part of the writ petition. The High Court noted that in the affidavit filed by the Deputy Director, Primary Education, the conditions of the schools were good. The High Court on noted that as per the affidavit, steps were taken to streamline the overall educational environment of the school and is alive to the requirement of children belonging to the weaker sections and disadvantageous groups being given proper education. The High Court said that it was satisfied with the affidavit and that the Government was taking all the steps to update the primary level education in the State of Bihar. The High Court also said that the Government was taking further steps to monitor every school in the State regularly by seeking reports from the District Education Officers posted in the districts. Hence, the PIL was dismissed. Aggrieved by the dismissal of the same, the petitioner was in appeal before the Court. The Court issued notice to the authorities concerned. The matter was further listed for hearing on 22-03-2024.

 

[Social Jurist, A Civil Rights Group v. State of Bihar, Petition for Special Leave to Appeal (Civil) No.4726/2024, Order dated: 04-03-2024]

 

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https://www.livelaw.in/top-stories/supreme-court-calls-bihar-govt-response-poor-state-in-schools-right-to-education-251390

 

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Anuj Aggarwal

Advocate

D-26/A, First Floor, Jangpura Extension,

New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Landline – 011 - 35554905

Email – anujaggarwal1984@gmail.com