* IN THE HIGH COURT OF DELHI AT NEW DELHI WP (C) No. 5090/2008 % Mamta Rani Judgment delivered on: 17.03.20091 Petitioner Through: Mr. Rahul Sharma with Ms. Jyoti Dutt Sharma, Advs. i versus Govt. of NOT & Ors. .... Respondents Through: Mr. Mukesh Gupta, Adv. I CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR 1. Whether the Reporters of local papers may be allowed to see the judgment? 2. To be referred to Reporter or not? 3. Whether the judgment should be reported in the Digest? KAILASH GAMBHIR, 1. (Oral) * For orders, see WP (C) No. 4149/2008. March 17, 2009 rkr KAILASH GAMBHIR, J. vA Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified • * IN THE HIGH COURT OF DELHI AT NEW DELHI Ci WP (C) Nos. 4149/2008 % Judgment delivered on: 17.03.2009 Kamlesh Petitioner Through: Mr. Alok Sangwan, Adv. versus D.S.S.S.B. & Others .... Respondents Through: Mr. Darpan Wadhwa, Adv. for R-1. CORAM: Ci HON'BLE MR. JUSTICE KAILASH GAMBHIR »iL 1. Whether the Reporters of local papers may be allowed to see the judgment? 2. To be referred to Reporter or not? 3. Whether the judgment should be reported in the Digest? 7 KAILASH GAMBHIR. 1. (Oral) * 1. This order shall dispose of WP (C) Nos. 4149/2008, 4327/2002, 4046/2008, 7055/2005, 518/2006, 10561/2006, 4937/2008 and 5090/2008. WP (C) No. 4149/2008 Page 1 of 4 • 2. The commonquestionwhich arise in these petitionsare that as to whetherthesepetitionersfulfillthe required criteria of qualifying Enghsh/Hindias electivesubjectin graduation. All these petitioners duly possess the qualificationof graduation and in petition Nos. 4149/2008,5090/2008,4046/2008,4937/2008Hindi was one of the main subjectsof the petitionersin the graduationwhile in WP (C) Nos. 4327/2002, 7055/2005,10561/2006and 518/2006English was one of the main subjects. Counsel for the petitionerhas invited . attentionof this Courtto the corrigendumdated 13.3.2000issuedby ' , the DirectorateofEducationcertifying-thathe electivewordmayalso ; include main subject as practiced in different Universities. The contentionof the counselfor the petitionersis that the respondents have rejected the apphcationsof the petitionersonly on the short ground that these petitionerswere not found eUgible on the ground that they do not fulfill-the criteria of English/Hindias an elective subjectin the graduationlevel. Counselfor the petitionertiius urges • that corrigendumdated 13^^ March, 2000 clarified that the elective :a word may also includethe main subjectand all the petitionershave qualifiedEnglish/Hindias one of the main subjectsat the graduation level, tiierefore, the applications of the petitioners for tiieir Page 2 of 4 WP (C) No. 4149/2008 I/ appointmentto the post of TGT (Enghsh/Hindi)could not have been rejected. Counsel for .the petitioners also placed rehance on the judgmentof this Court passedin Saroj Rana and Anr. Vs Govt. of NOT of Delhi and Ors. WP (C) No. 2576/2002 wherein a similar questionarose and this Courthas threadbare gone into the said issue and reached to the conclusion that once the candidates have studied Enghsh/Hindias one of their main subjects in all the three years carrying100 marks each, the same wouldmeetthe requirementof the recruitment rules prescribed for appointment to the post of TGT -( i, (Enghsh/Hindi).Counselfor the petitionerhas also placedbefore this Court one recommendation letter of appointment dated 17.12.2008 issued by the respondent Delhi Subordinate.Services SelectionBoard in the case of Saroj Rana. 3. I have heard learned counsel for the parties. 4. Since the issue, is no more res Integra, therefore, let the respondentsappoint all these petitionersto the respective post ofTGT (Enghsh/Hindi),if they are otherwisefound ehgible and selected on their own merits. The seniority of these petitioners shall be decided by the respondents on the basis of their merit position in the selected WP(C) No. 4149/2008 Page 3 of 4 : 1 'f'®- list. The petitioners shall not be entitled to any salary for the perio prior to the date of their joining the service of the respondents on the principle of 'no work no pay'. In case they were found selected based on their merit and eligibility, the notional seniority shall be given to them as per the merit and in accordance with the applicable rules. The respondents shall carry out the aforesaid directions within a period of one month from the date of this order. 5. With these directions these petitions are disposed of. 6. Dasti. March 17, 2009 rkr WP (C) No. 4149/2008 KAILASH GAMBHIR, J. Page 4 of 4