Research › Search › Judgment

Delhi High Court · body

2001 DIGILAW 654 (DEL)

PRATIBHA v. GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI

2001-11-22

B.A.KHAN, SHARDA AGGARWAL

body2001
KHAN ( 1 ) R-3 issued circular dated 25. 6. 1996 inviting applications for appointment to PGT (Vocational ). The minimum educational qualification prescribed was Graduation and a Diploma. Petitioner challenged this in OA No. 1560/96 on the ground that eligibility prescribed was lesser than the one stipulated by CBSE affiliation bye-laws which were mandatory and binding. She accordingly prayed for quashment of circular and regularisation of her services. ( 2 ) RESPONDENTS 1-3 opposed this on the plea that CBSE was an autonomous body and its affiliation bye-laws had no bearing on the matter and that it was their prerogative to prescribe the requisite qualification under Rules for the post. ( 3 ) TRIBUNAL upheld the plea of these respondents and dismissed the OA by impugned order. Hence this petition. L/c for petitioner, Mr. Bhardwaj has taken us through various CBSE Bye-Laws to show that a higher qualification was prescribed for teachers in vocational stream. He claimed that this was binding on R1-3 and they. could not have prescribed a lesser qualification for the post to consider candidates with lesser qualifications. ( 4 ) PETITIONER s case appears misdirected through and through and suffers from a serious misconception. It must be made clear at the very outset that it is the employer s prerogative to prescribe qualifications for the post and in the present case relevant recruitment rules prescribe graduation/diploma. Therefore, if Rl-3 have proceeded to make selection under the qualification prescribed by Rules, their action can t be faulted. Nor can it be said or held that they were required to be guided by CBSE Affilitation bye-Laws. ( 5 ) CBSE is an autonomous examining body. Its bye-laws are meant to regulate its own functioning and the affiliation bye-laws governing its grant or refusal of affiliation to a school. Anything laid down or prescribed in these bye-laws has relevance for affiliation purposes only and nothing more. Illustratively, if requirements laid down in these are not satisfied, it is for the CBSE to refuse affiliation to a school on that basis. But the bye-laws of the Board by no stretch of logic or imagination could be credited the character of recruitment rules or for that matter applied to appoint it for a post which was governed by its own set of Rules. But the bye-laws of the Board by no stretch of logic or imagination could be credited the character of recruitment rules or for that matter applied to appoint it for a post which was governed by its own set of Rules. The question of these bye-laws being binding on R1-3 for purpose of appointment to posts in Government Schools does not arise. ( 6 ) WE also fail to appreciate how petitioner was prejudiced by all this. She admittedly possessed a higher qualification and enjoyed a better prospect in selection on that strength. Nor could she be credited with any locus to suggest a qualification for the post, more so when she had failed to throw any challenge to relevant rules prescribing the impugned qualifications. ( 7 ) WE accordingly find no merit in this petition which is dismissed and Tribunal order affirmed.