Despite no teachers being recruited in government and municipal schools for a while now, two teachers working on contract basis with an MCD school had to fight a legal battle to be considered for appointments as primary teachers.
The teachers, who had been barred from the selection process for the posts of primary teachers citing their age, approached the Central Administrative Tribunal (CAT) saying they were not granted age relaxation for government employees as per the Centre’s order. They also contended that they were similarly placed as 347 other contractual MCD teachers who were granted a one-time age relaxation by the Delhi government to appear for a competitive examination for the post of primary teachers in 2010.
In pursuance of an interim order of CAT, the applicants were allowed to participate in the selection process, however, their results were not declared.
The Central Administrative Tribunal has now directed the Delhi government and the municipal corporations “to grant the appropriate age relaxation to the applicants and to declare their results within four weeks. If they are found selected, they be appointed as per their merit within four weeks”.
The two teachers had moved the tribunal contending that they had applied for selection to the posts of primary teachers in pursuance of an advertisement issued by the Delhi Subordinate Services Selection Board (DSSSB). The age limit for the advertised post was prescribed as 20-27 years. It was also mentioned that government employees and other special categories were eligible for age relaxation as per the order of the government of India issued from time to time.
On September 13, 2011, it was notified that the maximum age limit for selection was 30 years, which could be relaxed by five years for government servants as per orders issued by the Centre.
The two teachers, belonging to the general category, were aged 31 years, 1 month and 27 days, and 31 years, 4 months and 14 days, respectively on the cut-off date -- January 15, 2010.
Since they were working as teachers with an MCD school on contract basis, they said they should have also been granted the benefit of age relaxation for government employees.
The municipal corporations, the DSSSB and the Delhi government did not deny the fact that the two applicants were similarly placed as 347 other contract teachers who were also granted a one-time age relaxation.
The CAT also relied upon a Supreme Court decision according to which the applicants are entitled to age relaxation on a par with permanent employees.
The teachers were barred from the selection process for the posts of primary teachers because of their age
