Shelja Dhama & Others vs Lieutenant Governor Of Delhi & Others

L. Narasimha Reddy, J

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 They contend that, all of a sudden, the LG has withdrawn the said letter on 06.03.2020,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.

Whether benefit of years of service admissible under rules 30 of CCS (Pension) Rules, 1972.

No.â€​

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

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.

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.â€​

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.