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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