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Tribunals and CommissionsDivision Bench(2021) 03 CAT CK 0077

Tehjeem vs Govt. Of NCT Of Delhi & Others

Central Administrative Tribunal · Decided on 16 March 2021

HON’BLE JUDGES
L. Narasimha Reddy, J · A. K. Bishnoi, Member (A)
RESULT
Dismissed
CASE NUMBER
Original Application No. 521 Of 2021
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Judgment

7 paragraphs · 385 words

L. Narasimha Reddy, J

1.

The Government of NCT of Delhi issued an advertisement, inviting applications for various posts, including the Educational and Vocational Guidance Counselor (EVGC). The age limit stipulated for the post is 30 years with relaxation in favour of certain categories of candidates. The applicant crossed the age of 30 years and is not entitled to the relaxation, otherwise provided for. She filed this OA, with a prayer to direct the respondents to extend the benefit of relaxation of age limit. Reliance is placed upon the judgment of the Hon'ble High Court in Asha vs. Government of NCT as well as the order passed by the Delhi Government in favour of certain categories of Teachers.

2.

The applicant contends that the action of the respondents in not extending the benefit of age limit to her is discriminatory.

3.

The respondents filed a short counter affidavit. It is stated that though there existed an order, providing for relaxation of age limit in favour of certain categories of Teachers, that has been withdrawn through order dated 08.12.2020. It is also stated that the relaxation in favour of Special Teachers is under different circumstances, and the applicant cannot compare herself with the candidates for that post.

4.

We heard Mr. Mohit Panchal, learned counsel for the applicant and Ms. Esha Mazumdar, learned counsel for the respondents.

5.

It is not in dispute that the applicant crossed the age limit. Obviously for that reason, she prayed for relaxation of age limit. It is no doubt true that there existed orders passed by the Government, providing relaxation of age limit by 10 years in favour of women candidates. That has been revoked recently. There is also an order, providing for relaxation of the age limit in favour Special Education Teacher. That post is created under the direction of the Hon'ble High Court to cater to the needs of the Physically Handicapped Teachers. Obviously because adequate number of candidates were not available, despite of repeated advertisements, the age limit was relaxed. That is not a situation for the post of EVGC. Therefore, we cannot extend the benefit of that order to the applicant herein.

6.

We do not find any merit in the OA and the same is accordingly dismissed. There shall be no order as to costs.