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2004 DIGILAW 491 (DEL)

SUMAN RANA v. GOVERNMENT OF DELHI

2004-07-12

MANMOHAN SARIN

body2004
Manmohan Sarin, J. ( 1 ) THE petitioner has sought quashing of the scheme of examination as prepared by respondent no. 2 for the post of Assistant Teacher , NDMC and Primary Teacher, MCD. Examination for these posts have been held on 18. 4. 2004. The petitioner came to the court claiming that respondents have all together changed the criteria for testing the merits of the candidates. On 12. 4. 2004, when my learned predecessor took up the matter, he noted that issue was not of discrimination but whether it was permissible to change the criteria for deciding the merit of candidates after having made known the syllabus. It may be noted that in the year 2000, the advertisement inviting applications for the posts of Assistant Teacher (Primary) which published on 21. 9. 2000 specified the following criteria:- ( 2 ) THIS scheme of examination was valid even in the year 2002. It is thus clear from the scheme of examinations in the year 2000-2002 that the questions papers for the written examination comprised 60 questions on area related to Elementary Education in local bodies including child Psychology, Teaching-learning process, Class room Dynamics, pedagogy, Foundation and Childdevelopment theory, Teaching aptitude etc. These are the subjects which are taught in the Elementary Training Education Course (ETE ). ( 3 ) THE respondents took out the public notice for the examination in the year 2004 in the Hindustan Times dated 13th March, 2004. The scheme of examination as published in the above advertisement is :- "scheme of Examination: The question paper will be common for all the 3 posts mentioned above and will have 120 questions on General Knowledge. The questions will generally be of matriculation level and will include the questions of Mathematics, General Science, Social Science and Current Events. One mark will be awarded for each correct answer and deducation of 0. 25 marks will be made for every wrong answer. " ( 4 ) THE publication of advertisement on 13th March, 2004 with examination schedule on 18. 4. 2004, gave hardly any time to the petitioner to be ready for the revised scheme. It would be seen that the criteria now fixed are questions in General Knowledge, Mathematics, General Science, Social Science and Current Events which is a substantial departure from the syllabus earlier. ( 5 ) THE grievance of the petitioner is a legitimate and genuine one. 2004, gave hardly any time to the petitioner to be ready for the revised scheme. It would be seen that the criteria now fixed are questions in General Knowledge, Mathematics, General Science, Social Science and Current Events which is a substantial departure from the syllabus earlier. ( 5 ) THE grievance of the petitioner is a legitimate and genuine one. If the Authorities wished to depart from the criteria of selection as has been practised in the past, sufficient advance notice of the same should be given so that the candidates can mould and prepare themselves on the basis of changed criteria. ( 6 ) BE that as it may, this is something for the respondents to take note of and adhere to it in future that if there is going to be a departure in the criteria of selection, candidates be notified of the same well in advance by public notice. Examination has already taken place with 82000 candidates appearing. It is perhaps for this reason that none is present on behalf of the petitioner. This is not a case where quashing of this scheme of examination should be entertained at this juncture. ( 7 ) IN view of the foregoing discussion, petition is disposed of with the aforesaid directions to the respondents to notify by public notice well in advance any change in the syllabus or criteria of selection.