Abha Kumari vs Govt. Of N.C.T.D & Others

L. Narasimha Reddy, J

The applicant was recruited as an Assistant Teacher in the Municipal Corporation of Delhi in the year 1996. She is said to have studied Graduation with History, Sociology and Home Science. There exists an avenue of promotion to the post of Trained Graduate Teacher (TGT) for Assistant Teachers. Though the applicant made an effort to get promoted to the post of TGT (Hindi), her case was not considered since the requirement was, the study in the concerned subject carrying 200 marks, whereas her study in Hindi during Graduation, carried 100 marks.

The respondents have taken steps for promotion to the post of TGT (Social Science). Several Assistant Teachers, who are juniors to the applicant, are said to have been promoted. The grievance of the applicant is that though she is otherwise eligible to be promoted, her case is not being considered.

We heard Shri Ranjit Sharma, learned counsel for the applicant and Ms. Esha Mazumdar, learned counsel for the respondents at the stage of admission.

The applicant is working as Assistant Teacher since 1996. It is not in dispute that an Assistant Teacher is eligible to be considered for promotion to the post of TGT, in case, he or she possesses the prescribed qualifications. It appears that the Assistant Teacher should have studied the concerned subject, carrying 200 marks at the Graduation level. The question as to whether the applicant has studied the subject of Social Science or its equivalent to the extent prescribed, needs to be examined. As of now, we are handicapped from undertaking any adjudication since the version of the respondents is not before us. Even now, the applicant can make a representation seeking promotion to the post of TGT (Social Science) and the respondents can take the required steps on that.

We, therefore, dispose of this OA directing that -

( a ) it shall be open to the applicant to make a representation within four weeks from today seeking promotion to the post of TGT (Social Science);

( b ) the respondents in turn shall take necessary steps on the representation within six weeks thereafter; and

( c ) In case, the applicant possesses the requisite qualifications and her juniors have been promoted, she too shall be extended the same benefit. If, on the other hand, the applicant does not fulfil the prescribed qualifications or conditions, the same shall be communicated to her within that period.

All the ancillary applications stand disposed of. There shall be no order as to costs.