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Mob. No. 9540232335, 9891259007 Post: TGT (Natural Science) (Female) & TGT (Maths) (Female) Post Code: 36/21 & 37/21 Group – B
Manisha Aged about 34 years D/o Sh. Dinesh Kumar Dubey R/o H. No. 5794, Gali No.7, New Chandrawal, Jawahar Nagar, Delhi-110007 Mob. No. 9868616875 Post: TGT (Hindi) (Female) & TGT (Social Science) (Female) Post Code: 33/21 & 40/21 Group – B
Manju Sharma Aged about 33 years D/o Sh. Surender Sharma R/o H. No. 223, Pana Udyan, Narela, Delhi-110040 Mob. No. 9582387999, 9818726640 Post: TGT (Natural Science) (Female) Post Code: 36/21 Group – B
Madhuri Sonkaria Aged about 41 years D/o Sh. Puran Chand R/o Block J-1, Flat 211, Govt. Quarters, Multistories, Devnagar, New Delhi-110005 Mob. No. 9818148986 Post: TGT (Hindi) (Female) & TGT (Social Science) (Female) Post Code: 33/21 & 40/21 Group – B
Monika Aged about 36 years W/o Sh. Amit Kumar R/o VPO Mitraon, Najafgarh, New Delhi-110043 Mob. No. 9540304511, 8851823632 Post: TGT (Social Science) (Female) Post Code: 40/21 Group – B
Mithlesh Meena Aged about 37 years D/o Sh. Babulal Meena R/o C-601, Mahalaxmi Appts, Plot-4, Sec-2, Dwarka, New Delhi 110075 Mob. No. 9958088728 Post: TGT (Social Science) (Female) Post Code: 40/21 Group – B
Minu Yadav Aged about 40 years D/o Sh. B. S. Yadav R/o WZ -50, Khyala, New Delhi -110018 Mob. No. 9899874642 Post: TGT (Social Science) (Female) Post Code: 40/21 Group – B
Neelam Rani Aged about 37 years D/o Sh. Balwan Singh R/o Village-Kharawar, Pana-Sandas, Rohtak, Haryana-124001 Mob. No. 9996043588 Post: TGT (Hindi) (Female) & TGT (Social Science) (Female) Post Code: 33/21 & 40/21 Group – B
Km. Neeraj Yadev Aged about 40 years D/o Sh. Veersan Yadev R/o C-315, Sector-1, Avantika, Rohini, New Delhi-110085 Mob. No. 9953710904 Post: TGT (Natural Science) (Female) Post Code: 36/21 Group – B
Neelam Aged about 41 years D/o Sh. Om Prakash Dagar R/o Plot No. 30B S/F, Niranjan Park, Najafgarh, Delhi Mob. No. 9899542522, 7827602504 Post: TGT (Hindi) (Female) & TGT (Social Science) (Female) Post Code: 33/21 & 40/21 Group – B
Neeraj Kumari Aged about 38 years D/o Sh. Devendra Singh R/o H. No. O-19/C-2, Pocket-O, Dilshad Garden, Delhi-110095 Mob. No. 8447023634, 99533111126 Post: TGT (Hindi) (Female) Post Code: 33/21 Group – B
Neha Gupta Aged about 33 years W/o Sh. Sanjay Nayyar R/o 1726/127, Shanti Nagar, Tri Nagar, Delhi-110035 Mob. No. 9899698414, 9250545171 Post: TGT (Social Science) (Female) Post Code: 40/21 Group – B
Nidhi Sharma Aged about 39 years D/o Sh. Daulat Ram R/o H. No. 1672A/31, Shastri Colony, Gohana Road, Sonepat Mob. No. 9416665842 Post: TGT (Hindi) (Female) & TGT (Social Science) (Female) Post Code: 33/21 & 40/21 Group – B
Nisha Chadha Aged about 38 years W/o Sh. Saket Bhatia R/o H. No. 184, Pocket A-3, Sector-7, Rohini, Delhi-110085 Mob. No. 9891636761, 8010041662 Post: TGT (Social Science) (Female) Post Code: 40/21 Group – B
Neetu Aged about 36 years D/o Late Sh. Rampal Singh R/o A-1, Street No.22, Mahendra Park, Delhi-110033 Mob. No. 8447867675 Post: TGT (Natural Science) (Female) & TGT (Maths) (Female) Post Code: 36/21 & 37/21 Group – B
Neetu Madaan Aged about 43 years W/o Sh. Sanjay Madaan R/o Flat No.1403, Tower CMC3, Supertech Capetown, Sector-74, Noida-201301 Mob. No. 9560727876 Post: TGT (Natural Science) (Female) Post Code: 36/21 Group – B
Priyanka Dalal Aged about 35 years D/o Sh. Jagdish Chander Dalal R/o H. No. F-56, Rajendra Park Extn. Nangloi, Delhi-110041 Mob. No. 8700740603 Post: TGT (Hindi) (Female) Post Code: 33/21 Group – B
Pooja Aged about 33 years W/o Sh. Rinku Sharma R/o RZ-66, Baba Haridass Enclave, Jharoda Kalan, New Delhi-110072 Mob. No. 8920832186 Post: TGT (Social Science) (Female) Post Code: 40/21 Group – B
Punam Rani Aged about 41 years W/o Sh. Ajay Kumar R/o H. No. 354, Near Lamba Atta Mill, Mohalla, Sadhwat, VPO Khaira, Najafgarh, New Delhi-110043 Mob. No. 9873539009, 8851884381 Post: TGT (Hindi) (Female) Post Code: 33/21 Group – B
Pooja Sharma Aged about 37 years W/o Shree Bhushan R/o H. No. 1, Gali No.7, Near Shiv Mandir, Shakti Vihar, Meethapur Extn., Badarpur, Delhi-110044 Mob. No. 9911386491, 9911778590 Post: TGT (Hindi) (Female) Post Code: 33/21 Group – B
Pooja Sharma Aged about 38 years W/o Sh. Rahul Sharma R/o AA - 246 Shalimar Bagh Near Fortis Hospital, Delhi 110088 Mob. No. 9911580622 Post: TGT (Social Science) (Female) Post Code: 40/21 Group – B
Pooja Aged about 37 years D/o Sh. Ram Chand R/o 1584, Sector-12, Huda-II, Panipat, Haryana-132103 Mob. No. 9466797794, 7011314063 Post: TGT (Hindi) (Female) & TGT (Social Science) (Female) Post Code: 33/21 & 40/21 Group – B
Pooja Kumari Aged about 37 years D/o Sh. Subhash Chander R/o H. No. T-1700, Desh Bandhu Gupta Road, Karol Bagh, New Delhi-110005 Mob. No. 7011423488, 7678270502 Post: TGT (Hindi) (Female) & TGT (Social Science) (Female) Post Code: 33/21 & 40/21 Group – B
Poonam Aged about 38 years D/o Sh. Ishwar Singh R/o VPO Chhawla, Near Pole No.111, New Delhi-110071 Mob. No. 9212290004 Post: TGT (Hindi) (Female) Post Code: 33/21 Group – B
Poonam Chandra Aged about 38 years D/o Sh. Phool Singh R/o A2/38-B, Ishwar Colony, Phase-V, Aya Nagar, New Delhi-110047 Mob. No. 9911120510, 9911130410 Post: TGT (Hindi) (Female) & TGT (Social Science) (Female) Post Code: 33/21 & 40/21 Group – B
Promila Aged about 37 years D/o Sh. Raj Karan R/o H. No. 399, Main Chowk Wali Gali, Village, Jaunti, Delhi-110081 Mob. No. 7217716715 Post: TGT (Social Science) (Female) Post Code: 40/21 Group – B
Pratibha Sharma Aged about 39 years D/o Sh. Raghuvinder Sharma R/o House No. 194, Fatehpur Beri, New Delhi-110074 Mob. No. 9999226868, 9999226822 Post: TGT (Social Science) (Female) Post Code: 40/21 Group – B
Promila Aged about 40 years D/o Sh. Mahender Singh R/o RZ-5, Uggar Sain Park, Dichaon Road, Najafgarh, New Delhi-110043 Mob. No. 9992676220, 7988479051 Post: TGT (Hindi) (Female) & TGT (Social Science) (Female) Post Code: 33/21 & 40/21 Group – B
Priyanka Gambhir Aged about 37 years D/o Sh. Subhash Chandra Gambhir R/o 4/39A, Vijay Nagar, Double Storey, Delhi-110009 Mob. No. 9953952018, 9811123564 Post: TGT (Natural Science) (Female) Post Code: 36/21 Group – B
Priyanika Singh Aged about 39 years D/o Sh. Uttam Singh R/o 604/605, Hamilton Road, Kashmere Gate, Delhi-110054 Mob. No. 8368141541, 9810773682 Post: TGT (Natural Science) (Female) Post Code: 36/21 Group – B
Pinki Yadav Aged about 32 years W/o Sh. Kanishk Yadav R/o UGF-1, Aadi Apartment, Sultanpur, New Delhi-110030 Mob. No. 8510090088, 8587903175 Post: TGT (Natural Science) (Female) Post Code: 36/21 Group – B
Poornima Sharma Aged about 37 years D/o Sh. S. R. Sharma R/o RZ-H-46, St. No. 8, Raghu Nagar, Near Dabri Crossing, New Delhi-110045 Mob. No. 9899883324 Post: TGT (Natural Science) (Female) & TGT (Maths) (Female) Post Code: 36/21 & 37/21 Group – B
Priya Rani Aged about 37 years W/o Sh. Hariram Nagpal R/o A-109, 3rd Floor, Lajpat Nagar-1, New Delhi-110024 Mob. No. 9891420090, 9810501113 Post: TGT (Natural Science) (Female) & TGT (Maths) (Female) Post Code: 36/21 & 37/21 Group – B
Poonam Chauhan Aged about 38 years D/o Sh. Ramesh Singh Chauhan R/o H. No. 519, Village-Bakhawarpur, PO- Alipur, Delhi-110036 Mob. No. 9871642700, 9818786300 Post: TGT (Natural Science) (Female) & TGT (Maths) (Female) Post Code: 36/21 & 37/21 Group – B
Pooja Yadav Aged about 41 years D/o Sh. Om Prakash Yadav R/o H-349, H-Block, Street No.5, Raj Nagar-II, Palam Colony, New Delhi-110077 Mob. No. 8896136440, 99101751386 Post: TGT (Social Science) (Female) Post Code: 40/21 Group – B
Poonam Aged about 35 years D/o Sh. Prem Dutt R/o E-115, Krishan Vihar, New Delhi-110086 Mob. No. 9873965157, 9811124186 Post: TGT (Hindi) (Female) Post Code: 33/21 Group – B
Priyanka Aged about 32 years W/o Sh. Shokender R/o House No. 13, Q-Block, New Palam Vihar, Phase-1, Gurugram, Haryana Mob. No. 8368249508, 9910414633 Post: TGT (Natural Science) (Female) Post Code: 36/21 Group – B
Pooja Purohit Aged about 39 years D/o Sh. Chander Shekhar
Kavita Aged about 32 years D/o Late Sh. Ramesh Chawla R/o E-6/148, Yadav Nagar Samaypur, Delhi-110042 Mob. No. 9625387330, 9811104746 Post: TGT (Hindi) (Female) Post Code: 33/21 Group – B
Kiran Bhardwaj Aged about 35 years W/o Sh. Dinesh Kumar Vashist R/o H. No. 1154/1, Gali No.2, Malviya Nagar, Mehlana Road, Sonipat, Haryana-131001 Mob. No. 9034135260, 7988665639 Post: TGT (Hindi) (Female) & TGT (Social Science) (Female) Post Code: 33/21 & 40/21 Group – B
Kavita Aged about 38 years D/o Sh. Shri Bhagwan R/o H. No. 193, VPO Iradat Nagar (Naya Bans) North West Delhi, Delhi-110082 Mob. No. 9215521890 Post: TGT (Hindi) (Female) & TGT (Social Science) (Female) Post Code: 33/21 & 40/21 Group – B
Lavina Maan Aged about 37 years D/o Sh. Sunehra Singh R/o D-11A, Prem Nagar, Atlas Road, Sonepat, Haryana Mob. No. 9416295341 Post: TGT (Social Science) (Female) Post Code: 40/21 Group – B
Lalita Kalkal Aged about 38 years D/o Sh. Rajender Singh Kalkal R/o G-52/15, Laxmi Park, Nangloi, Delhi-110041 Mob. No. 9818361682, 9013444260 Post: TGT (Social Science) (Female) Post Code: 40/21 Group – B
Meenu Aged about 33 years D/o Sh. Surender Singh R/o K. H. No. 1852, Sector 6, Bahadurgarh, Jhajjar, Haryana-124507 Mob. No. 9812208086 Post: TGT (Natural Science) (Female) Post Code: 36/21 Group – B
Manisha Surolia Aged about 41 years D/o Sh. Man Prakash Surolia R/o B-105, 2nd Floor Parsavnath Paradise Mohan Nagar, Ghaziabad, Uttar Pradesh Mob. No. 9818485324 Post: TGT (Social Science) (Female) Post Code: 40/21 Group – B
Mithlesh Rani Aged about 38 years D/o Sh. Chetan Prakash R/o 35-C, Gali No. 11/4, Bhola Nath Nagar Extn. Shahdara, Delhi-110032 Mob. No. 9205636687, 8527382699 Post: TGT (Social Science) (Female) Post Code: 40/21 Group – B
Meenakshi Aged about 35 years D/o Sh. Kartar Singh R/o RZ-5, Rajiv Vihar, Colony, Near New Anaj Mandi, Najafgarh, New Delhi-110043 Mob. No. 9654897021 Post: TGT (Social Science) (Female) Post Code: 40/21 Group – B
Moni Aged about 37 years D/o Sh. Raj Pal R/o H. No. 65, Village Nangli Sakrawati, Najafgarh, New Delhi-110043 Mob. No. 9268275909, 9643748288 Post: TGT (Social Science) (Female) Post Code: 40/21 Group – B
Malti Sharma Aged about 39 years W/o Late Sh. Ajay Sharma R/o R-72, Model Town-III, Delhi-110009 Mob. No. 9871685828 Post: TGT (Social Science) (Female) Post Code: 40/21 Group – B
Madhu Rani Aged about 38 years W/o Sh. Dinesh Kumar R/o WZ-184, Gali No.3, Lajwanti Garden, New Delhi-110046 Mob. No. 9990038478 Post: TGT (Hindi) (Female) Post Code: 33/21 Group – B
Monika Aged about 35 years W/o Sh. Kuldeep R/o Gautam Colony, Gali No.2, Safiyabad Road, Narela, Delhi-110040 Mob. No. 9899151018, 8587884100 Post: TGT (Social Science) (Female) Post Code: 40/21 Group – B
Mukesh Aged about 38 years D/o Sh. Maman Singh R/o B-42, Avandtika, Sector-01, Rohini, Delhi-110085 Mob. No. 8447906627 Post: TGT (Natural Science) (Female), TGT (Maths) (Female) Post Code: 36/21 & 37/21 Group – B
Neha Sharma Aged about 35 years D/o Sh. Sonpal Sharma R/o E-412, St. No. 8, Hardev Puri, Shahdara, Delhi-110093 Mob. No. 9278240027 Post: TGT (Hindi) (Female) & TGT (Social Science) (Female) Post Code: 33/21 & 40/21 Group – B
Neha Gupta Aged about 34 years D/o Sh. Kishori Lal R/o A-40, Block-A, Yadav Park, Rohtak Road, Nangloi, Delhi-110041 Mob. No. 9555007204 Post: TGT (Hindi) (Female) & TGT (Social Science) (Female) Post Code: 33/21 & 40/21 Group – B
Neha Jain Aged about 32 years D/o Sh. Rajender Prasad Jain R/o Flat No.8, Kamdhenu Apartment, Sector-9, Rohini, Delhi Mob. No. 8447906627 Post: TGT (Maths) (Female) Post Code: 37/21 Group – B
Nisha Sauran Aged about 38 years D/o Sh. Ram Karan Sauran R/o Flat No. 127, HIG Flats, Shanti Appartment, Sector=A5, Pocket-13, Narela, Delhi-110040 Mob. No. 9971488407 Post: TGT (Hindi) (Female) & TGT (Social Science) (Female) Post Code: 33/21 & 40/21 Group – B
Nisha Aged about 35 years D/o Sh. Chander Pal R/o H. No. 350, Khera Khurd, Delhi-110082 Mob. No. 7838657494 Post: TGT (Hindi) (Female) Post Code: 33/21 Group – B
Pushpa Baberwal Aged about 38 years D/o Sh. Amar Singh R/o B-7/17, Sector-15, Rohini, Delhi-110089 Mob. No. 9582417537, 8130467007 Post: TGT (Social Science) (Female) Post Code: 40/21 Group – B
Prabha Wati Aged about 41 years D/o Sh. Baljeet Singh R/o 111/2, Ashok Mohalla Nangloi, Delhi-110041 Mob. No. 9654633523, 9953652479 Post: TGT (Social Science) (Female) Post Code: 40/21 Group – B
Priyanka Srivastava Aged about 37 years D/o Sh. Amarkant Srivastava R/o A-66, Top Floor Back Side, Nanhey Park, Uttam Nagar, New Delhi-110059 Mob. No. 9718515739 Post: TGT (Maths) (Female) Post Code: 37/21 Group – B
Reena Yadav Aged about 41 years D/o Sh. Satender Singh R/o WZ-86B, Flat No.201, Second Floor, Rajnagar-11, Palam Colony, New Delhi-110077 Mob. No. 8920988865 Post: TGT (Hindi) (Female) & TGT (Social Science) (Female) Post Code: 33/21 & 40/21 Group – B
Rinki Aged about 32 years W/o Sh. Narender R/o H. No. 91, Kamruddin Nagar, Nangloi, Delhi-110041 Mob. No. 9582813999 Post: TGT (Social Science) (Female) Post Code: 40/21 Group – B
Reena Aged about 35 years W/o Sh. Prashant Tyagi R/o H. No. 20, Lodia Mohalla, Village Shikarpur, PO Najafgarh, New Delhi-110043 Mob. No. 7683033153 Post: TGT (Hindi) (Female) Post Code: 33/21 Group – B
Reeno Devi Aged about 35 years W/o Sh. Sohan Lal R/o VPO Teontha, Tehsil-Pundri, Distt. Kaithal, Haryana-136042 Mob. No. 9729233799, 9896783446 Post: TGT (Social Science) (Female) Post Code: 40/21 Group – B
Reena Chaudhry Aged about 40 years D/o Sh. Suresh Pal R/o RZ-64AH/9, Tughlakabad Extn., New Delhi-110019 Mob. No. 9871997128 Post: TGT (Hindi) (Female) Post Code: 33/21 Group – B
Rakhi Aged about 38 years W/o Sh. Deepak Sharma R/o Plot No. 390, Pocket-9, Sector-21, Rohini, Delhi-110086 Mob. No. 9868353080 Post: TGT (Hindi) (Female) & TGT (Social Science) (Female) Post Code: 33/21 & 40/21 Group – B
Rekha Rani Aged about 43 years D/o Sh. Jaipal Sharma R/o K-23, Phase-1, Main Bazar, Budh Vihar, New Delhi-110086 Mob. No. 9711903763, 9891698800 Post: TGT (Hindi) (Female) Post Code: 33/21 Group – B
Rashmi Gautam Aged about 42 years D/o Sh. Dushyant Raman Gautam R/o N-1/10, Upper Ground Floor, Budh Vihar, Phase-I, Delhi-110086 Mob. No. 8920360085, 8800485462 Post: TGT (Hindi) (Female) & TGT (Social Science) (Female) Post Code: 33/21 & 40/21 Group – B
Rajni Dahiya Aged about 31 years D/o Sh. Virender Singh R/o VPO Barhana, Pana, Gugnan, Tehsil Beri, Distt. Jhajjar, Haryana-124107 Mob. No. 8750968059, 9812896993 Post: TGT (Social Science) (Female) Post Code: 40/21 Group – B
Rashmi Aged about 40 years W/o Sh. Virpal R/o C-873, Mangol Puri, Delhi-110083 Mob. No. 9910731425 Post: TGT (Hindi) (Female) & TGT (Social Science) (Female) Post Code: 33/21 & 40/21 Group – B
Reetu Sahrawat Aged about 39 years D/o Sh. Parkash Chand Sahrawat R/o H. No. 1167, Opp. Gaulak Dham Bijwasan, South West, Delhi-110061 Mob. No. 9213768889 Post: TGT (Hindi) (Female) Post Code: 33/21 Group – B
Rashmi Sharma Aged about 38 years D/o Sh. Vinay Sharma R/o B-288, Ashok Nagar, Street No.11, Mandoli Road, Shahdara, Delhi-110093 Mob. No. 9718462004 Post: TGT (Natural Science) (Female) Post Code: 36/21 Group – B
Ruby Aged about 37 years D/o Sh. Baljeet Singh R/o 358, Mohan Ram Patti, Ujwa South West Delhi, Delhi-110073 Mob. No. 9971826714 Post: TGT (Hindi) (Female) & TGT (Social Science) (Female) Post Code: 33/21 & 40/21 Group – B
Sarita
Justice L. Narasimha Reddy, Chairman :
The Delhi Subordinate Services Selection Board (DSSSB) issued an Advertisement dated 12.05.2021 for various posts, including Trained Graduate Teachers (TGT) in different subjects, to be employed in the Directorate of Education, Govt. of NCT of Delhi (GNCTD) and Municipal Corporations of Delhi. The age limit for the candidates for the post of TGT is stipulated as 30 years, relaxable to a certain extent, in favour of candidates belonging to SC/ST and OBC. The applicants in this batch of OAs are women candidates. They contend that the Recruitment Rules framed in the year 1991 for the post of TGT, provide for relaxation of age limit upto 40 years, in favour of women candidates; and there is absolutely no basis to deny that benefit to them in the present recruitment. It is stated that though a proposal was mooted in the year 2019 for amendment of the Recruitment Rules, dispensing with the relaxation of age limit in favour of women candidates, the same has not materialized as yet, much less the fresh Rules are notified.
The applicants contend that on 01.11.1980, the then Lt. Governor (LG) passed a general order, providing for grant of age relaxation in favour of women candidates by 10 years, i.e. upto 40 years of age. They contend that, all of a sudden, the LG has withdrawn the said letter on 06.03.2020, without furnishing the reasons whatsoever.
With this background, they filed this batch of O.As., with a prayer to direct the respondents to extend them, the benefit of age relaxation in respect of women candidates by 10 years.
The applicants contend that almost as a measure of women empowerment, the decision to relax the age limit by 10 years was provided and the same is sought to be denied to them, without any basis. They contend that once the Rules framed under provision to Article 309 of Constitution of India provide for the benefit of relaxation of age limit by 10 years in favour of women candidates, the same cannot be denied to them and it amounts to illegality and arbitrariness. Various other contentions are also urged.
On behalf of the respondents, counter affidavits are filed in some of the OAs. It is not denied that the Recruitment Rules of 1991 for the post of TGT contain a provision for relaxation upto 40 years in favour of women candidates. However, it is stated that the very basis to incorporate that condition in the Recruitment Rules was the letter dated 01.11.1980 issued by the LG, and once that letter was withdrawn on 06.03.2020, the basis itself ceases and thereby the candidates are not entitled for age relaxation.
Today, we heard Shri Anuj Aggarwal, Shri Naveen Kumar, Shri Polanki Gowtham, Shri R.K. Jain with Shri Harkesh Parashar and Shri Ranjit Sharma, learned counsel for the applicants in respective OAs and Ms. Esha Mazumdar, Shri Ujjwal K. Jha, Shri Amit Anand and Shri Amit Yadav, learned counsel for the respondents.
We have fully gone through the batch of OAs. The only issue that arises for consideration, in this batch of OAs is as to whether the women candidates for the post of TGTs of different subjects, to be employed in the Directorate of Education, GNCTD and Municipal Corporations of Delhi, are entitled for age relaxation upto 40 years. The benefit was earlier extended to the candidates in the form of an order passed by the LG through letter dated 01.11.1980. Thereafter, the benefit was incorporated in the Recruitment Rules, notified on 11.12.1991. The relevant provision reads as under:
“6. Age limit for direct recruits :
Below 30 years (Relaxable upto 40 years in case of female candidates and relaxable for employees of Delhi Admn. Upto 40 years for General and 45 for SC/ST candidates.
7.Whether benefit of years of service admissible under rules 30 of CCS (Pension) Rules, 1972. No.”
The Corporation also issued such directions. They read as under :
“6. General Age Relaxation of 10 Years for Women Candidates for Recruitment to Teaching Posts
1.In exercise of the powers vested in him under Rule 43 of the Delhi School Education Rules, 1973, the Administrator is pleased to prescribe for women candidates a general relaxation for 10 years in the maximum age limits prescribed in the Recruitment Rules for recruitment to various posts of teachers in Delhi Schools.
2.The Managing Committees shall, while considering women candidates for appointment to vacancies in their schools, consider such candidates as per the revised age limit for women candidates.”
Once the benefit of age relaxation was extended through the Rules framed under proviso to Article 309 of the Constitution of India, the only way it can be denied is by amending or substituting the Rules. Though in the year 2019, a proposal was mooted for amending the Rules in such a way that benefit of relaxation upto 40 years for women candidates cannot be taken away. That did not materialize. In other words, the amendment was not notified.
It is fairly well settled that a statutory rule can be operative only when it is notified, and not otherwise. The conditions in the advertisement are required to be in conformity with the Recruitment Rules. They cannot run contrary to the Rules. There was absolutely no basis or justification for the DSSSB, for incorporating the conditions in the Advertisement, which are not in conformity with the Recruitment Rules. It is rather unfortunate that the respondent organisation did not even pay proper attention and that became responsible for generating voluminous litigation.
It is not to be urged that the basis for the relaxation incorporated in the 1991 Rules was the letter dated 01.11.1980 and with the withdrawal of the same on 06.03.2020, the Rule itself loses its significance. The contention is difficult to be accepted. The Rules can be framed or amended in the absence of letters or decision of the LG. It is just unacceptable to argue that with the change of decision by the LG, Delhi, the Rule has undergone alteration without any further exercise.
We, therefore, allow all the O.As. and direct that the DSSSB shall extend the benefit of relaxation of age limit upto 40 years to the women candidates for the post of TGT. Since many candidates could not upload their applications in view of this stipulation, the DSSSB shall extend the date by one week, by putting on its website, a notification to the effect that the women candidates upto the age of 40 years can also apply.
There shall be no order as to costs.