JUDGMENT : 1. In pursuance to the directions of this Court, Mr. Inderjit Hadda, Under Secretary in the Union Public Service Commission (UPSC), has filed a reply affidavit. Regarding vacancies of Principal under direct recruitment for the year 2007-08, he has submitted that on 21st May, 2007 a proposal for recruitment of 17 posts of Principal under the direct recruitment quota for the year 2007-08 was received in the Commission on 28th May, 2007. 2. On 7th June, 2007, the Commission issued a deficiency letter to the Department advising them to: (1) Intimate whether Recruitment Rules notified in 1977 were still operative. (2) Furnish an attested copy of Gazette Notified Recruitment Rules. (3) Indicate suitability/sub-category of disability for manning these posts by PH persons. (4) Furnish requisition in revised UPSC-33 proforma. 3. On 11th July, 2007, the Department furnished the requisition in revised proforma for 19 posts instead of 17 posts. On 23rd July, 2007, the Commission issued a deficiency letter to the Department asking them to furnish an attested copy of the Gazette notified Recruitment Rules and to indicate revised pay scales with stages of increments. On 14th August, 2007, the Government of NCT of Delhi submitted the notified Recruitment Rules and clarified that the proposal for amendment of the existing Recruitment Rules was under consideration with the department and also the revised pay scale in terms of the 3rd, 4th and 5th Pay Commissions. 4. On 7th September, 2007, in response to the reply the NCT of Delhi, the Commission observed that the number of posts had been increased from 17 to 19 without indicating the reason for increase in number of posts and that the copy of Recruitment Rules sent along with requisition was not a Gazette notified copy. Besides, the information furnished relating to reservation and suitability for PH candidates was inconsistent. Therefore, the Commission advised the Department to rectify the said deficiencies. Thereafter, there was no response from the Government of NCT of Delhi after 7.9.2007 and the matter was treated as ‘otherwise disposed of pending reply’ in the absence of requisite documents/clarifications, and according to the UPSC, there was no communication from the NCT of Delhi until 11.12.2009. According to the affidavit filed on behalf of the UPSC, there has been no action whatsoever by the NCT of Delhi for a period of 2 years and 3 months. 5. According to the affidavit filed on behalf of the UPSC, there has been no action whatsoever by the NCT of Delhi for a period of 2 years and 3 months. 5. In pursuance to the directions of this Court, the Director of Education, Government of NCT of Delhi has also filed an affidavit. In the said affidavit, it is mentioned that requisition for 17 posts of Principal under direct recruitment was sent to the UPSC vide letter dated 21.5.2007. It is admitted that the UPSC vide its letter dated 7.6.2007 had sought clarification. Thereafter, revised requisition for 19 posts was sent to the UPSC vide letter dated 11.7.2007. The UPSC again vide its letter dated 23.7.2007 had sought clarification which was given to the UPSC vide letter dated 14.8.2007. Even according to the affidavit filed by the Director of Education, Government of NCT of Delhi, after 14th August, 2007, no communication was sent to the UPSC until 18.12.2009. Admittedly, no action whatsoever has been taken on behalf of the Director of Education, Government of NCT of Delhi for a period of over two years & four months. 6. The direct consequence of not appointing hundreds of Principals and thousands of teachers for years is to infringe fundamental rights under Article 21A and other provisions of the Constitution. 7. We direct the Chief Secretary, NCT of Delhi to hold an enquiry as to why no action whatsoever was taken between 14.8.2007 to 18.12.2009 for filling these vacancies and submit a report to this Court within four weeks from today. The report to indicate the role of directly concerned officials and what action the Government proposes to take against them for their gross dereliction of duties. Let the report be filed before the next date of hearing. 8. Learned counsel appearing for the National Capital Territory of Delhi has submitted a brief report of action taken. According to him as on 4.3.2010 there are 251 vacancies of Vice Principals in Delhi. He submits that concerned officials shall make efforts and they are trying to fill the vacancies. He has also drawn our attention to a letter dated 8.3.2010 issued by the UPSC to the Chief Secretary Govt. of NCT of Delhi regarding Review and Regular DPC to he held on 3rd, 4th and 5th May, 2010 for considering promotion of Vice Principal to the post of Principal. 9. He has also drawn our attention to a letter dated 8.3.2010 issued by the UPSC to the Chief Secretary Govt. of NCT of Delhi regarding Review and Regular DPC to he held on 3rd, 4th and 5th May, 2010 for considering promotion of Vice Principal to the post of Principal. 9. Regarding post of Vice-Principal, there are 107 vacancies. 19 vacancies are of the year 2008-09 and 88 vacancies are of the year 2009-10. Mr. Khanna submits that on 5.3.2010 DPC recommended 92 candidates and he assured that remaining vacancies will also be filled up expeditiously. 10. Regarding PGT, there are 529 vacancies. 127 vacancies of the direct recruit and 402 vacancies are from the category of Departmental Promotion. On 2.3.2010, DPC recommended 355 candidates and on 3.3.2010 promotion orders were issued and on 5.3.2010 against 10 vacancies, no eligible candidates were found and these posts were diverted from DP to DR quota and notified to DSSSB vide letter dated 5.3.2010. Mr. Khanna mentions that a litigation is pending before Central Administrative Tribunal regarding 37 PGT. 11. Mr. Khanna submits that there are 5485 vacancies of PGT. 1536 vacancies are from direct recruitment and 3949 vacancies are from the departmental promotion. Mr. Khanna further points out that promotion orders in respect of 1550 candidates were issued. Remaining 1682 posts could not be filled due to non-availability of eligible candidates. On 5.3.2010, Municipal Corporation of Delhi was requested vide letter dated 5.3.2010 to send applications of Assistant Teachers against 571 vacancies (2009-10) for promotion to the post of TGT. All District DDEs of the Directorate of Education have also been requested vide letter dated 5.3.2010 to send application of Assistant Teachers and Lab Assistants for promotion to the posts of TGTs. Mr. Khanna assured that all efforts will be made to ensure that remaining vacancies are filled up expeditiously. 12. There are 72 vacancies in the category of Domestic Science Teachers. Requisition sent to DSSSB against 72 vacancies. He submits that efforts would be made to ensure expeditious filling up of these vacancies. 13. In the category of Lab Assistants as on 3.3.2010, there are 392 vacancies. Circular has been issued on 3.3.2010 inviting applications from Class IV for inclusion of the names in the tentative seniority list for promotion to the post of Lab Assistants. 14. Mr. He submits that efforts would be made to ensure expeditious filling up of these vacancies. 13. In the category of Lab Assistants as on 3.3.2010, there are 392 vacancies. Circular has been issued on 3.3.2010 inviting applications from Class IV for inclusion of the names in the tentative seniority list for promotion to the post of Lab Assistants. 14. Mr. Ravindra Bana, learned counsel appearing for the petitioner submits that he has received copies of the counter affidavits filed on behalf of the Director of Education, Govt. of NCT of Delhi and on behalf of the UPSC and Union of India. He prays for two weeks time to file rejoinder affidavit. 15. List this matter again on 20.4.2010. 16. I.A. No. 2 is allowed. Ordered accordingly.