Mukesh Kumar Sharma v. University of Delhi

Delhi High Court · 10 Apr 2015 · 2015:DHC:10997
Valmiki J. Mehta
W.P.(C) 5269/2014
2015:DHC:10997
administrative petition_dismissed

AI Summary

The Delhi High Court dismissed the writ petition seeking promotion to Technical Assistant posts due to lack of feeder cadre status and qualifications, allowing petitioners liberty to seek direct recruitment with eligibility relaxation.

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$-5 HIGH COURT OF DELHI
W.P.(C) 5269/2014
MUKESH KUMAR SHARMA &ANR. Petitioners
Through Mr.Piyush Sharma, Advocate.
VERSUS
UNIVERSITY OF DELHI &ANR. Respondents
Through Mr.MohinderJ.S.Rupal, Advocate for R-
1.
CORAM:
HON'BLE MR. JUSTICE VALMIKIJ. MEHTA
ORDER o/o 10.04.2015
JUDGMENT

1. There are two prayers in this writ petition. The first prayer is for the promotion ofthe petitioners to the posts ofTechnical Assistants and the second prayer isfor grant ofMACP benefits.

2. So far as the relief ofMACP benefits is concerned, the same was declined by alearned Single Judge ofthis Court vide order dated 20.8.2014, and therefore the counsel for the petitioners states that the issue survives only qua the first reliefofpromotion tothepost ofa Technical Assistant.

3. In view of the fact that the posts in which the petitioners are working being the posts of Library Attendants are not the feeder cadre posts for appointment to the posts of Technical Assistants, and more so because petitioners admittedly do not have qualifications for appointment to the posts of Technical Assistants, counsel for the petitioners prays for withdrawal ofthis writ 2015:DHC:10997 petition, inasmuch as it is stated that the petitioners will seek the appointment by direct recruitment to the posts of Technical Assistants after seeking a benefit of relaxation which was granted to the other candidates with respect to the eligibility criteria. Though, counsel for the respondent no.l seriously disputes this aspect and states that the persons who have been appointed by direct recruitment have not been given anyrelaxation, however, sinceI am not required to pronounce upon the same in this petition, I make no observations in one way or the other.

4. In view of the above, this writ petition is not pressed, and the petitioner has however liberty, of course in accordance with law, if the petitioners can claim entitlement to relaxation in the eligibility criteria for appointment to the posts of Technical Assistants, the petitioners may claim the same from the respondent no.l.

5. The writ petitionis disposed of in terms of the aforesaid observations. VALMIKIJ. MEHTA, J APRIL 10, 2015 KA