Summary
Applicants for Delhi Special Education Teacher posts had qualified CTET with OBC pass-mark relaxation but lacked Delhi-recognised OBC certificates. Although their recruitment-test marks exceeded some general-category selectees, the Court held them ineligible under the applicable qualification and reservation conditions and reversed the relief granted below.
Issues
- Whether outside-Delhi OBC candidates with relaxed CTET pass marks could claim Delhi reserved or unreserved teacher vacancies.
- Whether Vikas Sankhala permitted migration to the unreserved category under this recruitment scheme.
Held
- Delhi OBC vacancies required certification by the Delhi Government. Without that status the applicants could compete only for unreserved posts, for which they needed the normal sixty-percent CTET pass marks; higher marks in the recruitment test did not cure lack of eligibility. (¶¶ 14, 15, 23, 24, 25)
- Vikas Sankhala arose under materially different Rajasthan rules allowing migration and a selection formula incorporating TET marks, which neutralised the earlier relaxation. The Delhi process lacked that balancing feature and was governed by instructions restricting migration after relaxed qualification standards. (¶¶ 18, 19, 20, 21.1, 21.2, 21.3, 22)
- The case concerned relaxation in qualifying marks rather than merely fee or age concessions. Applicants who secured CTET eligibility only under the OBC relaxation and lacked recognised Delhi OBC status were ineligible for the vacancies claimed. (¶¶ 24, 25, 26)
Result
Appeal allowed; the Delhi High Court judgment granting relief to the applicants was set aside. No order as to costs.