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Judgment
L. Narasimha Reddy, J
The applicants were engaged as guest teachers in the Directorate of Education, Govt. of NCT of Delhi at different points of time. They contend
that the Government framed a policy for regularization of temporary/guest teachers and without extending them the benefits thereunder, the
respondents have proceeded with the regular appointment of teachers by issuing an advertisement dated 04.01.2020 for quite large number of posts.
This OA is filed with a prayer to direct the respondents to regularise the services of the applicants and to extend the other benefits, as available under
the Delhi School Education Act and to set apart from these posts which are earmarked under advertisement dated 04.01.2020, adequate number of
vacancies to accommodate them.
We heard Mr. Shanmuga Patro, learned counsel for the applicants and Ms. Esha Mazumdar, learned counsel for the respondents, at the stage of
admission through video conferencing.
The engagement of persons on contractual basis or as guest teachers is not something that occurred in the recent past. The practice was going on
for past several years and large amount of litigation has also ensued. Though, efforts were made every time to get the relief in the form of
regularization of service, that was not acceded to by Tribunal or the High Court. The only facility extended to such persons was in the form of a
direction to the respondents to frame a scheme in terms of judgment of Hon’ble Supreme Court in the matter of State of Karnataka Vs.
UmaDevi, CA No. 3595-3612 of 1999 and to extend the benefit of relaxation of age. Beyond that, there was no direction for regularization of services
of such employees straightaway.
Therefore, we are not inclined to entertain the OA. At the same time, we make it clear that if the applicants fit into any of the scheme framed by
the Government, the respondents shall extend the benefit to such of them who are otherwise eligible.
The OA is, accordingly, disposed of. There shall be no order as to costs.