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Civil · Reportable judgment

Delhi Subordinate Services Selection Board & Anr. vs Seema Kapoor

Court
Supreme Court of India
Date
22 July 2021
Case No.
Civil Appeal No. 4461 of 2021
Result
Allowed
Bench
Sanjay Kishan Kaul, Hemant Gupta
Citation
[2021] 6 S.C.R. 517 : 2021 INSC 348
Supreme Court Reports [2021] 6 S.C.R. 517 : 2021 INSC 348
Headnote

Service Law – Age relaxation – When not entitled to – Applications invited by appellant for various posts including the post of PGT (English) Female – As per the advertisement, age relaxation of five years permissible for Govt. Servant and departmental candidates – Claimed by Respondent, a Teacher (Primary) in South Delhi Municipal Corporation – OA allowed by CAT, Principal Bench, New Delhi – Affirmed by High Court – Held: Respondent, as an employee of the autonomous body i.e. the Corporation, is not entitled to age relaxation either as a departmental candidate or as a government servant – Further, the Circular of the Government of India dtd. 27.3.12 made it clear that the benefit of age relaxation is only meant for civil employees of the Central Government and not to the employees of the autonomous bodies, public sector undertakings etc. – High Court quoted a wrong provision relating to subsequent advertisement – Respondent not entitled to age relaxation as she cannot be considered as a departmental candidate for appointment by way of direct recruit – Orders passed by the High Court and Central Administrative Tribunal, set aside.

Jai Prakash Wadhwa & Ors. vs Lt. Governor, Delhi Admn. & Anr. (1997) 11 SCC 174 – referred to.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Order of the Court was passed by HEMANT GUPTA, J. Leave granted. 1. The challenge in the present appeal is to an order passed by the Delhi High Court on 20.2.2019 affirming the order passed by the Central Administrative Tribunal, Principal Bench, New Delhi on 5.9.2018 whereby an original application (OA) filed by the respondent herein was allowed, holding that she was entitled to age relaxation of five years for appointment to the post of PGT (English) Female. 2. The respondent is serving as Teacher (Primary) in South Delhi Municipal Corporation1 since 7.4.2006. The appellant invited a
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