Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Recruitment - Eligibility -Age limit -Appellant board issued advertisement for the post of Teacher (Primary) in Municipal c Corporation of Delhi ('MCD) schools |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Recruitment - Eligibility -Age limit -Appellant board issued advertisement for the post of Teacher (Primary) in Municipal c Corporation of Delhi ('MCD) schools - As per advertisement, the age limit for candidates for the post of Teacher was 20-27 years - When the final result of selected candidates was published in public domain, respondent's name also appeared declaring him 'not eligible' and the reason for ineligibility was 'over age' - Following the D ;udgment of Delhi High Court in Sachin Gupta case, the Central Administrative Tribunal ('CAT') as well as High Court directed the Appellant board to give age relaxation to the respondent - On appeal, held: It is the employer's prerogative to decide the age limit and academic suitability of candidates which they wish to employ and so long as the same are not contradictory to the academic eligibility E as prescribed by the NCTE Act, any challenge to the same, 111erely because it renders some candidates ineligible, ought to be rejected - On facts, High Court's judgment in Sachin Gupta's case cannot be applicable for all times, as that was one time relaxation given for the exa111ination which was conducted in the year 2008, in order to F ameliorate the hardship - On contrary, respondent applied for the post pursuant to the advertisement published in the year 2009 - Therefore, the judgment of High Court as well as of CAT set aside |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2016 INSC 1208 |
Petitioner | Delhi Subordinate Services Selection Board |
Respondent | Praveen Kumar |
SCR | [2016] 12 S.C.R. 145 |
Judgement Date | 2016-11-11 |
Case Number | 10824 |
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