* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4701/2008 NARENDRA & ORS. ..... Petitioners Through: Mr. S.U.Mirza, Advocate Mr. Arun Sukhija, Advocate versus GOVT. OF N.C.T. OF DELHI & ORS. ..... Respondents Through: Mr. Mukesh Gupta, Advocate for R-1. Mr. Amit K.Paul, Advocate for R-2. DATE OF DECISION: % 04.07.2008 CORAM: Hon'ble Mr.Justice Pradeep Nandrajog 1. Whether reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporter or not? 3. Whether judgment should be reported in Digest? : PRADEEP NANDRAJOG, J.(Oral) 1. Though notice has not been issued, counsel as above appears for respondent No.2, the contesting respondent. 2. A perusal of the writ petition shows that respondent No.1 is neither a necessary nor a proper party. I wonder why respondent No.1 has been impleaded as a respondent? 3. Petitioners are aggrieved that the Municipal W.P.(C) No.4701/2008 Page No.1 of 5 Corporation of Delhi has mandated in its advertisement notifying applications from eligible candidates for contractual appointment as teachers under it to submit the requisite applications by post with further condition that the same should reach the Municipal Corporation of Delhi by 5:00 PM on 16.6.2008. 4. The advertisement in question was issued by the Municipal Corporation of Delhi on 3rd June, 2008. 5. It is stated by the petitioners that since they learnt about the advertisement through friends and acquaintances and thereafter traced the relevant advertisement they lost valuable time and could only be in a position to arm themselves to submit their applications on 16.6.2008. They state that they wanted to deliver their applications by hand which were not so received by the Corporation compelling them to post their applications by speed post at around 2:00 PM on 16.6.2008. 6. It is urged by learned counsel for the petitioner that there is no reason why Municipal Corporation of Delhi should not receive the applications by hand or on-line (e-mail). 7. Prima facie, there is merit and logic in the contention urged by learned counsel for the petitioner. 8. But unfortunately, the corrupt officers in this W.P.(C) No.4701/2008 Page No.2 of 5 country blunt all logic and compels policies to be framed, where, to prevent corruption methodologies have to be evolved, which may not sound very logical, but under the circumstances is the only route available. 9. Mr. Amit K.Paul, who appears for the MCD states that in the past not one, not two but many instances have surfaced when corrupt municipal employees in league with mischievous element have belatedly received applications and have manipulated the record to show as if the same were received within time. Mr. Amit K.Paul states that this action of the corrupt employees embroiled the corporation in multifarious litigations resulting in a decision being taken that no application should be received by hand. That all applications should be received by post so that there is independent corroborative proof of dispatch and proof of the time of receipt of the relevant applications. 10.. Corruption in the executive is felt by virtually every segment of the society. I would welcome any policy which may not be very logical (provided it is not irrational) which prevents the corrupt from milking the society. I accept the explanation furnished to this Court by the Municipal Corporation of Delhi through its counsel. Keeping in view the work environment in the corporation there is merit in the policy W.P.(C) No.4701/2008 Page No.3 of 5 that applications would not be received by hand. 11. As regards the non-acceptance of applications by e- mail, suffice would it be to state that the applications have to be accompanied by testimonials, certificates etc. Attested copies whereof would be required by the municipal authorities. 12. It need hardly be emphasized that contractual appointments of teachers is resorted to by the Municipal Corporation of Delhi for the reason regular vacant posts have to be filled up through the process of selection conducted by DSSSB, an independent agency, which again was constituted because of serious litigation faced by the Corporation alleging malpractice in appointment of teachers. 13. Unfortunately, DSSSB takes its own time to complete the recruitment process. After the summer recess municipal schools reopen in the first week of July. If DSSSB does not make the necessary empanelment of eligible candidates by June, MCD is left with no option other than to go in for short term contractual appointments. This means that the process of contractual appointment has to be fast tracked and everything has to be completed within a short span of 2 weeks. 14. It has to be noted that the contractual appointments of teachers normally lasts for duration between 4 months to 6 W.P.(C) No.4701/2008 Page No.4 of 5 months. Not much valuable rights of persons are affected for the reason these appointments do not result in any vested right being created in favour of the person taken on contractual appointment. Regular appointments are always made through the process of selection through DSSSB. 15. Before concluding I may record the submission of learned counsel for the MCD that for most of the zones the process of contractual appointments has been completed by issuing the relevant lists. In a zone or two the matter is in the last stage. 16. No relief can be granted to the petitioners for the reason admittedly the applications posted by them at 2:00 PM on 16.6.2006 admittedly did not reach the MCD by 5:00 PM on 16.6.2006. 17. The petition is dismissed. 18. No costs. PRADEEP NANDRAJOG, J. JULY 04, 2008 mm W.P.(C) No.4701/2008 Page No.5 of 5