Sunday, Apr 27, 2003
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By Our Staff Reporter
The Government had refused to appoint Sujata Mumgate to the post on the ground that the vacancies had exhausted before her turn came.
The petitioner through her counsel, Surat Singh, approached the Tribunal for a direction to the Government to appoint her to the post.
When she did not get her appointment letter after clearing the tests while the other candidates whose names figured in the list of successful candidates got theirs, Ms. Mumgate approached the Tribunal.
The Tribunal allowed her application and directed the Government to consider her application for appointment. But the Government took the plea that it had run short of vacancies for the post. However, subsequently in 2000 it sought applications for appointment of 24 TGT teachers in the Social Science stream.
In view of the advertisement for post, the petitioner made another request to the Director of Education, National Capital Territory of Delhi, but the Directorate rejected her application saying it had no vacancy.
The petitioner again approached the Tribunal. Arguing her case before the Tribunal, Dr. Singh quoting the guidelines of the Department of Personnel of the Union Government which the city Government follows and submitted that the Supreme Court had ruled that `once a person is declared successful according to the merit list of selected candidates, the appointing authority has the responsibility to appoint him or her even if the number of vacancies undergoes a change after his or her name is in the list of successful candidates.'
A Division Bench of the Court comprising Justice Govindan S. Tampi and Justice Shankar Raju allowed the plea of the petitioner's counsel and directed the Delhi Government to issue "letter of appointment to the applicant as TGT (Social Study) as the last person selected in the DSSSB of 1998, ahead of those, who have been recruited in the subsequent examination.''
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