Shri S.C. Ahuja vs N.D.M.C. & Ors. on 3 July, 2015

1. The issue urged by the appellant in the present appeal challenging the
orders of the learned Single Judge dated March 08, 2006 and August 21,
2007 is that whether the respondent No.1 has the legal authority to make
promotion on the basis of proposed Recruitment Rules which are not
approved by the UPSC and have not been notified.
2. A brief exposition of facts is that the appellant S.C.Ahuja has been
working as Lecturer in Drawing in the School of Science and Humanities
Education after completing his two years course of teaching in Art and Craft
from the Jamia Millia Islamia University in 1970. S.C.Ahuja was initially
appointed as a Junior Drawing Teacher in the respondent’s school in 1974
which post was subsequently upgraded to the scale of Trained Graduate
Teacher (TGT) in 1978. He claims to have acquired a Bachelor degree in
Fine Arts in the year 1978 and a Master Degree in Fine Arts in the year 1989

from the Delhi University. Vide an open selection he was appointed as
lecturer in the year 1989. He was posted as a Lecturer (Painting) in the N.P.
Boys Senior Secondary School No.1, Mandir Marg, managed by the
respondent/NDMC from 1984 to 1994 where after he was sent on deputation
to Sahitya Kala Parishad as a Programme Officer in 1996 and repatriated to
his parent cadre in the year 2000. One vacancy in the post of Senior
Lecturer (Humanities) with the respondent arose in September 2004 for
which post one Shyamla Bakshi was selected, however as she declined the
offer, the respondent No.4 Shri Bhopal Singh was appointed to the said post.
Thus, the appellant in the writ petition prayed for a writ of certiorari seeking
quashing of the DPC proceedings of September 2004 and to convene a
review DPC and consider the case of the appellant for promotion to the
promotional post of Senior Lecturer (Humanities) on the basis of seniority
list as per seniority-cum-fitness and on the basis of minimum requisite
qualification and experience possessed by the appellant.

Source: Indian Kanoon

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