Vinod Kumar And Ors vs Government Of N.C.T. Of Delhi And Ors

Nita Chowdhury, Member (A)

Heard learned counsel for the parties.

MA 287/2016

This MA filed by the applicants seeking joining together in a single petition is allowed.

OA 309/2016

This OA has been filed by the applicants seeking the following reliefs:-

"(i) To call for the records of the case;

(ii) To direct the respondents to consider the applicants for appointment as „guest teachers" in the schools run by the respondents and not insist on the applicants for the production of employee ID"s;

(iii) to grant the cost and expenses of the OA in favour of the applicant; and,

(iv) To grant any other relief as deemed just and proper by this Hon"ble Tribunal."

The applicants contend that applicant no.1 has worked as TGT (English), Applicant No.2 as TGT (Maths) and Applicant No.3 as TGT (Sanskrit). Despite this they have not been given age relaxation and as such as they had crossed the age limit of 32 years for TGT and 36 years for PGT and hence, they could not be considered for appointment as Guest Teachers being over-aged. However, in 2015, the criteria of age limit was done away with by the respondents and hence, they would like that their services should be considered for the post of Guest Teachers as there are many vacancies with the respondents.

2.1 They further contend that they do not have employee ID"s even though they have requisite experience certificates which have been issued to them by the respective schools where they have performed their duties earlier and they have sought direction to the respondents to consider the applicants for appointment as Guest Teachers in the schools run by the respondents and not insist on the applicants for the production of employee IDs.

In reply to the contentions of the applicants, the respondents have raised preliminary objection that the OA is not maintainable in view of delay and latches, as in para 1, the applicants have admitted that they were appointed in January 2010 and in para 8 they have simply prayed to consider the applicants for appointments of Guest Teacher etc. etc.

3.1 Further they contend that applicant No.1 has worked as Guest Teacher, TGT (English) from 5.1.2010 to 24.2.2010, i.e., for 50 days; applicant no.2, Shri Samay Singh has worked as Guest Teacher, TGT (Maths) from 1.1.2010 to 26.2.2010, i.e., for 57 days; applicant no.3, Shri Ram Singh has worked as Guest Teacher, TGT (Sanskrit) for 11 days only in January 2010 and they cannot simply ask for blanket direction to be allowed to be considered for all appointments. No specific recruitment notice has been challenged in this OA. Hence, it is not even clear which notice for recruitment is sought to be impugned in this OA. Further they do not have CTET qualification which is also necessary as per the RTE Act.

The applicants have not been able to contradict any of the points in the stand taken by the respondents. In fact, respondents along with their reply have also annexed via Annexures R-1 to R-7, so many public notices/circular with regard to engagement of Guest Teachers in the Schools of Directorate of Education which totally bare out their stand.

Even though the matter is not considered to be barred by limitation, even then the stand taken by the applicants that they be allowed to fill up application forms in future selections in the absence of employee IDs does not deserve to be allowed, as this is a uniform requirement for all persons, who wish to be employed as Guest Teachers. All such applicants for Guest Teachers have been asked to fill in similar employee ID"s. As noted from the OA itself, the applicant No.1 has worked as Guest Teacher, TGT (English) from 5.1.2010 to 24.2.2010, i.e., for 50 days; applicant no.2, Shri Samay Singh has worked as Guest Teacher, TGT (Maths) from 1.1.2010 to 26.2.2010, i.e., for 57 days; applicant no.3, Shri Ram Singh has worked as Guest Teacher, TGT (Sanskrit) for 11 days only in January 2010. Hence, there are no grounds for allowing this OA and the same is accordingly dismissed. There shall be no order as to costs.