9911796707
TMI Blog2016 (11) TMI 1737X X X X Extracts X X X X X X X X Extracts X X X X ..... ided he does not exceed the upper age limit of 32 years as on the cut-off date, i.e. 15.01.2010, and he fulfills all other eligibility conditions as stipulated in the advertisement. 4. The facts giving rise to filing of this appeal can be summarized as under: 5. The Appellant Board has been incorporated with the purpose of recruiting competent individuals by conducting written tests, personal interviews etc. for the user departments. In the present case, on the request of the Municipal Corporation of Delhi (MCD), an advertisement for the post of Teacher (Primary) in MCD Schools, along with other posts, was published on 07.11.2009 by the Appellant Board. As per the advertisement, the age limit for candidates for the post of Teacher (Primary) was 20-27 years and relaxations were applicable as per rules. Subsequently, the Appellant Board issued addendum of advertisement on 13.09.2011 informing that pursuant to the directions of the CAT dated 20.07.2010, the Recruitment Rules for the said post have been modified by the MCD and the cut-off date was stated to be 15.01.2010 for calculating the age limit. The Appellant Board prepared the Marks List of 20,014 candidates and uploaded the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l, illegal and arbitrary. These Rules were promulgated by exercising the power by virtue of proviso to Article 309 of the Constitution. Insofar as the Government of NCT, Delhi is concerned, it exercised power Under Section 98 read with Section 480(2) of the Delhi Municipal Corporation Act, 1957, qua MCD. Vide these Rules minimum and maximum eligible age for the candidates to the said post was fixed at 20-27 years respectively. However, before the promulgation of these Rules, as per the earlier Rules the upper age limit was 32 years for male candidates and 42 years for female candidates. The main ground of the challenge was that by notification of such Rules Petitioners therein had lost their chance as there was legitimate expectation given to them that they would be eligible till the age of 32 years. It was argued that the prospectus of the two years Elementary Teachers Education course expressly professed that it was "carefully designed to prepare teachers at elementary level in Delhi" and contained a minimum and maximum age of enrollment as 17 and 30 years respectively, thereby representing that aspirants between 19 to 32 years would be eligible for appointment to the post of tea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... only issue that can normally be raised as to the validity of the Rule concern the question whether it is ultra vires as exceeding the scope of the authority delegated, and whether it is violative of due process guarantees. These issues are not often presented and accordingly such Regulations are normally treated on the same basis as legislative acts. It is not that such instruments are absolutely immune from attacks. But such attacks should be considered only on production of prima facie proof as to such invalidating circumstances. The Court shall not assume that a subordinate legislative instruments is invalid for absence of competence or bona fides or fairness or reasonableness and cast the negative burden on the rule-making authority. It should be just the other way; the person who challenges the vires of a Rule has to prove his challenge just as much as a person who challenges a legislative enactment. If he fails in such attempt the challenge can only be thrown out..... (Emphasis supplied) 47. In Khoday Distilleries Ltd. v. State of Karnataka reported in (1996) 10 SCC 304 para 13 it has been held that the test of the arbitrariness applicable to the delegated legislation is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Director was not a promotional one earlier and was, therefore, open to external candidates as well, it was made promotional to suit Captain Singh. These circumstances according to us do not prove the mala fides. Admittedly, the Rules are made Under Article 309 of the Constitution of India and are, therefore, a piece of legislation. It is well settled that no legislation can be challenged on the ground of mala fides...... 49. In our opinion, the doctrine of legitimate expectation, referred to by the Petitioners, has no application to the present case as the Respondents have never represented or held out to any student entering into an ETE course, that he would be given employment with the Respondents. In fact, ETE is a professional training course and the candidates securing such degrees are free to pursue other career options all over India with other agencies as well. The course does not confer any vested rights or employment with either the Government or MCD. In view of the absence of any representation regarding employability with the Respondents alone upon completion of a qualifying course, the Petitioners' plea of legitimate expectation merits no acceptance. 9. The Hig ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
