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Judgment
Hon’ble Mr. R.N. Singh, Member (J)
By way of the present O.A. the applicants have prayed for the following relief(s):-
"(i)To quash and set aside the impugned Advertisement dated 07.09.2026/08.09.2026; and
(ii)To continue with the services of the Applicants in the respective posts without any further interview;
(iii)To direct the Respondents not to replace the service of the Applicants by any other sources except by way of regular appointment and allowing the Applicants to serve the Respondent Department till the regular appointment on the posts.
(iv)Direct the Respondent Department to accept the applications of the Applicant only as a token of their willingness to continue as part time instructors as in the case of OA No.2302/2019 titled Ms. Kavita & Ors. Vs. Govt. of NCT of Delhi & Ors., OA No.1339/2020 titled Nisha vs Govt. of NCT of Delhi & Ors., OA No.3288/2023, titled Sachin Sharma Vs Govt. of NCT of Delhi & Ors and OA 3572/2026 Titled Anita vs GNCTD& Anr.,
(v)Accord all consequential benefits thereafter;
(vi)Award cost of the proceedings;
(vii)Pass any other order as deemed fit and proper in the facts and circumstances of the case and allow cost in favour of the Applicants."
By way of M.A. No. 4763/2026, the applicants seek permission to file the aforesaid O.A. jointly on the ground that they are similarly placed and have prayed for identical relief on common grounds.
Issue notice to the respondents. Mr. H.A. Khan, learned counsel, who appears on advance service, accepts notice.
Mr. Puneet Rathi, learned counsel for the applicants submits that the issue involved in the present O.A. is identical to that in O.A. No. 3572/2026 and M.A. No. 4583/2026 which were disposed of with consent of the learned counsels for the parties vide order/judgment dated 21.09.2026. He has placed on record a copy of the said order/judgment after supplying a copy thereof to the learned counsel for the respondents.
Mr. H.A. Khan, learned counsel for the respondents, under instructions, submits that the present O.A. and M.A. both being identical in nature to that of the issue involved in O.A. No. 3572/2026 and M.A. No. 4583/2026, the present O.A. may be disposed of with the same directions.
The O.A. No. 3572/2026 was disposed of with the consent of the learned counsels for the parties with the following directions:-
"6.Learned counsel for the respondents, under instructions, submits that the respondents have not intended to replace the services of the applicants by another set of contractual employees. Rather, the respondents have sought their willingness to continue under the respondents as contractual employees, i.e. as Part-Time Instructors. She fairly submits that the applicants in the present OA are, in fact, identically placed as the applicants in the OAs referred to hereinabove.
5.Learned Senior Counsel appearing for the applicants, under instructions, submits that the applicants have already submitted their willingness to continue under the respondents. She submits that if the present OA is disposed of in terms of the directions contained in the aforementioned three OAs, the applicants would be satisfied. To such limited prayer, there is no objection from learned counsel appearing for the respondents.
6.In view of the aforesaid, and with the consent of learned counsel for the parties, the present OA is disposed of with the following directions:
(i)The applicants shall be accorded the same treatment as the applicants in the aforementioned three OAs, in light of the final adjudication in the aforesaid OAs.
(ii)The respondents shall not replace the applicants by another set of contractual employees so long as the applicants are willing to continue under the respondents, or till such time as they are required to be replaced by regularly appointed persons.
7.The OA as well as the MA stand disposed of in the aforesaid terms. There shall be no order as to costs."
Accordingly, the present O.A. stands disposed of in terms of the same order/judgment dated 21.09.2026 in O.A. No. 3572/2026 and M.A. No. 4583/2026, the operative portion of which has been reproduced hereinabove.
The O.A. stands disposed of in the aforesaid terms. There shall be no order as to costs.