Delhi High Court – Land acquisition proceedings get lapsed in case Award is passed by the Collector 5 years prior to the commencement of the Land Acquisition Act, 2013

On 30.01.2018, the Division Bench of the Hon’ble Delhi High Court held that the land acquisition proceedings get lapsed in case Award is passed by the Collector 5 years prior to the commencement of the Land Acquisition, Rehabilitation and Resettlement (LARR) Act, 2013. The said judgment was passed in “Naresh Chandra Rastogi & Ors. vs. Govt. of NCT of Delhi & Anr.” [W.P. (C) 5706/2017].

Anuj Aggarwal, Advocate argued that in view of Section 24 of the LARR Act, 2013, where Award is passed by the Collector 5 years prior to the commencement of LARR Act, 2013 and where either the physical possession of the land has not been taken or the compensation has not been paid/tendered, then the land acquisition proceedings stand lapsed.

The Hon’ble Delhi High Court accepted the submission made by Anuj Aggarwal, Advocate and declared that that land acquisition proceeding initiated by Delhi Government with respect to the land situated in the revenue estate of Village Khanpur, Tehsil Mehrauli, New Delhi, stood lapsed. The Award in the case was passed by the Land Acquisition Collector on 16.07.1987.

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2017 – CAT directed the DSSSB to accept the application forms of candidates who have not passed Central Teachers Eligibility Test (CTET)

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CAT declares that the candidates who have done two years Diploma in Education (DEd) are entitled for age relaxation for the post of Teacher (Primary)

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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CAT declares - Candidate who has not studied English in B.A. but has done MA (English) is qualified to be appointed as TGT (English)

On 03.01.2018, Central Administrative Tribunal (CAT) declared that a candidate who has not studied English as a subject in B.A. but has done MA (English) is qualified to be appointed as TGT (English).

The candidature of Ms. Rinku Singh, who appeared in Delhi Subordinate Services Selection Board (DSSSB) examination for appointment on the post of TGT (English), was rejected by the DSSSB on the ground that she had not studied English as a subject in all the years of graduation. Being aggrieved by her rejection of candidature, Ms. Rinku Singh filed an Original Application [O.A. No. 2950/2016] before the Central Administrative Tribunal, Principal Bench, Delhi (CAT).

Anuj Aggarwal, Advocate, counsel for Ms. Rinku Singh, argued that Ms. Rinku Singh has done M.A. (English), which is a higher qualification, and was, therefore, better qualified that the qualifications prescribed in the Recruitment Rules for the post of TGT (English) in Director of Education, GNCTD.

CAT’s Bench, comprising of Hon'ble Mr. Justice Permod Kohli [Chairman] and Hon'ble Ms. Praveen Mahajan [Member (A)], accepted the argument of Mr. Anuj Aggarwal, Advocate and declared that Ms. Rinku Singh was qualified for being appointed on the post of TGT (English) and directed the DSSSB to forward her dossier to the Directorate of Education, Govt. of NCT of Delhi, for appointment. CAT further held that Ms. Rinku Singh was entitled to all the consequential benefits including seniority and pay fixation.

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EVEN AD-HOC DOCTORS ARE ENTITLED TO 180 DAYS PAID MATERNITY LEAVE – DECLARED CENTRAL ADMINISTRATIVE TRIBUNAL, DELHI

The Central Administrative Tribunal (CAT) on 13.12.2017 in O.A. No. 1087/2017 entitled “Dr. Neha Nischal vs. Govt. of NCT of Delhi & Ors.” declared that even ad-hoc female doctors are entitled to 180 days paid maternity leave.

Mr. Anuj Aggarwal, Advocate, counsel for the applicant, argued that since permanent/regular doctors are given 180 days paid maternity leave, there is no justification in not giving the same treatment to ad-hoc doctors. Accepting the argument, CAT directed the Delhi Government to pay full salary of the maternity leave to the applicant for 180 days.

The applicant, Dr. Neha Nishcal, was working as a Senior Resident in the Department of Radiology on ad-hoc basis in Govind Ballabh Pant Institute Post Graduate Medical Education & Research (GIPMER), Govt. of NCT of Delhi, when she availed the maternity leave from 16.05.2016 to 11.11.2016.

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Question Paper Leak Case - CAT stays the declaration of result by DSSSB of all the candidates who appeared in the written examination conducted for appointment of Primary Teacher’s in MCD

Central Administrative Tribunal, on 18.12.2017 in “Munesh Kumari vs. Govt. of NCT of Delhi & Ors.” [O. A. No. 4472/2017], directed the Delhi Subordinate Services Selection Board (DSSSB) to not to declare the result of all the candidates who had appeared in the written examination conducted for appointment on the post of Primary Teachers in MCD [Post Code 16/17].

On 29.10.2017, a written examination was conducted by the DSSSB for selecting the candidates for appointment on the post of primary teachers in MCD. The said examination was conducted at 233 centers all over Delhi and more than 1 Lakh candidates appeared in the said examination seeking appointment on 4366 vacancies.

Anuj Aggarwal, Advocate, appearing for Smt. Munesh Kumari, one of the candidate who had appeared in the said written examination and who was aggrieved by the leakage of the question paper, argued that the said written examination stood vitiated because the question paper of the said examination was leaked prior to the commencement of the examination. He further argued that it is a case of large scale cheating and it is impossible to separate the genuine candidates and the candidates who had availed the benefit of leaked question paper and illegal means.

Accepting the argument advanced by Anuj Aggarwal, Advocate, the CAT issued notice to the Lt. Governor, Delhi Government, DSSSB, Delhi Police and all the 3 MCDs. CAT further directed the DSSSB to not to declare the result of the written examination till the next date of hearing. CAT also directed the DSSSB to submit a detailed reply/status report within 3 weeks. CAT also directed the Delhi Police to submit its investigation report. The next date of hearing is 16.01.2018.

It may be noted that on 20.11.2017, in the aforesaid paper leak case, the Hon’ble Chief Minister of Delhi Shri Arvind Kejriwal had directed the DSSSB to cancel the examination with immediate effect and submit the compliance report by 21.11.2017. The DSSSB has till date failed to comply with the aforesaid directions issued by the Hon’ble Chief Minister.

It may also be noted that 85 other candidates, who were aggrieved by the leakage of question of paper and large scale cheating, had approached the Hon’ble CAT on 13.11.2017 by way of an Original Application No. 3961/2017 titled “Naveen Kumar & Ors. vs. DSSSB & Ors.”. In the said case, Delhi Police has filed a status report which clearly shows that the question paper was leaked prior to the commencement of examination and it is a case of large scale cheating using mobile phones, laptops, electronic devices, sim cards, bluetooth, etc.

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