2016 (11) TMI 1737 - SC - Indian Laws

Direction to consider the candidature of the Respondent for selection and appointment as Teacher (Primary) in MCD Schools by giving him age relaxation upto 32 years - HELD THAT - After rejecting the contentions on merits and upholding the validity of the Recruitment Rules, the Court went into the issue of hardship because of sudden reduction in the upper age limit and only on that ground one time relaxation was given to the Petitioners in the said petition. A direction was given to permit all those candidates who had completed the ETE course either in the year 2006 or 2007 or 2008 to appear in the examination. Thus, this was one time relaxation given for the examination which was to be conducted in the year 2008, in order to ameliorate the hardship. Once, we understand the contours and scope of the judgment and directions, it becomes abundantly clear that the said judgment of the High Court in the case of Sachin Gupta v. DSSSB and Ors. decided on 28.08.2008 cannot be made applicable for all times. The Respondent herein was not the candidate in the recruitment to the said post in the year 2008, On the contrary, he applied for the post pursuant to the advertisement published in the year 2009. In the impugned judgment the High Court has failed to consider the aforesaid analysis of its earlier judgment in Sachin Gupta's case. Appeal allowed.

Summary

Issues Involved:
1. Legality of the High Court's judgment affirming the Central Administrative Tribunal's (CAT) order.
2. Applicability of the Delhi High Court's judgment in Sachin Gupta's case to the Respondent's case.
3. Validity of the Recruitment Rules and age limit for the post of Teacher (Primary) in MCD Schools.
4. Doctrine of legitimate expectation and its applicability.
5. Employer's prerogative to decide age limits and academic suitability.
6. Hardship due to sudden reduction in upper age limit and one-time relaxation.

Detailed Analysis:

1. Legality of the High Court's Judgment Affirming the CAT Order:
The Delhi Subordinate Services Selection Board (Appellant Board) challenged the High Court of Delhi's judgment affirming the CAT's order, which directed the Appellant Board to consider the Respondent's candidature for the post of Teacher (Primary) in MCD Schools by giving him age relaxation up to 32 years. The Supreme Court had to assess whether the High Court and CAT's decisions were legally sound.

2. Applicability of the Delhi High Court's Judgment in Sachin Gupta's Case:
The Respondent relied on the Delhi High Court's judgment in Sachin Gupta v. DSSSB and Ors., which provided age relaxation. The Supreme Court examined whether this judgment could be applied to the Respondent's case. The Court noted that the judgment in Sachin Gupta's case provided one-time age relaxation due to hardship caused by sudden changes in Recruitment Rules, applicable only to candidates affected by the 2008 recruitment process. The Respondent, who applied in 2009, could not benefit from this precedent.

3. Validity of the Recruitment Rules and Age Limit:
The Recruitment Rules, as amended, set the age limit for the post of Teacher (Primary) at 20-27 years. These rules were statutory and had legislative character, being promulgated under the proviso to Article 309 of the Constitution and Section 98 of the Delhi Municipal Corporation Act, 1957. The Supreme Court upheld the validity of these rules, emphasizing that they could not be challenged on grounds of mala fides or arbitrariness unless proven to be manifestly arbitrary or ultra vires.

4. Doctrine of Legitimate Expectation:
The Respondent argued that he had a legitimate expectation of being eligible for the post until the age of 32, based on previous rules and the prospectus of the Elementary Teachers Education course. The Supreme Court rejected this argument, stating that the doctrine of legitimate expectation did not apply as there was no representation or assurance from the authorities guaranteeing employment based on the previous age limit.

5. Employer's Prerogative to Decide Age Limits and Academic Suitability:
The Supreme Court reiterated that it is within the employer's prerogative to set age limits and academic qualifications for recruitment, provided these criteria do not contradict statutory provisions like the NCTE Act. The Court cited Union of India v. Shivbachan Rai to support the principle that policy decisions on age limits are within the employer's domain.

6. Hardship Due to Sudden Reduction in Upper Age Limit and One-Time Relaxation:
The Supreme Court acknowledged the hardship caused by the sudden reduction in the upper age limit from 32 to 27 years. However, it clarified that the one-time relaxation granted in Sachin Gupta's case was specific to candidates affected by the 2008 recruitment process and could not be extended to subsequent recruitments. The Respondent's application in 2009 fell outside the scope of this relaxation.

Conclusion:
The Supreme Court allowed the appeal, setting aside the judgments of the High Court and CAT. The Court concluded that the Respondent was not entitled to age relaxation based on the Sachin Gupta judgment, as it was a one-time relief specific to the 2008 recruitment process. The Recruitment Rules and age limits were upheld as valid and within the employer's prerogative. The doctrine of legitimate expectation was deemed inapplicable in this context.