Upgrad LLM

discriminatory qualification for promotion to principal


Dear Experts

The problem relates to the  RR ( Recruitment Rules) for promotion to the post of Principal in the Govt. of Delhi.

According to this rule total number of vacancies is to be filled on the basis of 50: 50 meaning 50% by direct recruitment and remaining 50% through promotion.

Under direct recruitment – A person should have experience minimum 6 years as Lecturer and 3 years as Vice-Principal OR 8 years as Lecturer.

Whereas to become Principal through PROMOTION, minimum 10 years experience as Vice-Principal is required.

This rule for promotion is discriminatory and against the fundamental right of equality of opportunity in matters of Public employment under Article 16.

I want you to kindly quote some cases of Supreme Court or High Court where the Apex Court has ruled against such DISCRIMINATORY experience qualification / qualification for the same post.

Thanking you in advance

yours faithfully

Govt. Scl

 

 

 
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Dy Director

"I want you to kindly quote some cases of Supreme Court or High Court where the Apex Court has ruled against such DISCRIMINATORY experience qualification / qualification for the same post."

 

You can use this type of commanding language to your students while giving home work and class  work.

 
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Dy Director

The RR are not discriminatory.

 

If you have experience minimum 6 years as Lecturer and 3 years as Vice-Principal OR 8 years as Lecturer, you can apply as direct recruit.

 

you can note other case.

for promotion as LDC one is rquired to serve minimum of 5 years as peon and for direct recuit the service requirement is zero.  That does not mean that one employed as peopn cannot sit in DR exam during these 5 years, if his age permits.

 

In all such case the direct recruitment has haximum age but no such case limit is their for promotion.

 
 
Reply   
 

"I want you to kindly  quote some cases of Supreme Court or High Court where the Apex Court has ruled against such DISCRIMINATORY experience qualification / qualification for the same post."
 
Sorry Sir  if my language was commanding , however , there was no such intention to command anyone.
 
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Dy Director

anmyway.  the rules framed under provisio to 309 are beyong challnage unless unconstitutional.

 

given facts do not show tese rules to be unconstitutional.

 
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Scientist/Engineer

What are the academic qualifications required under each category?

 
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A Post Graduation Degree in any subject with Degree in Education ( B.Ed ) in both cases .

 
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Dy Director

It doe snot matter is same qualification is prescribed.

 

other eligibility conditions of DR and promotee cannot be wqqm3.

perhaps teaching is the only profession where experience in private institution is qualified for govt appointment where minimum experience is required.

 
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Scientist/Engineer

Experience in any profession is very important. It should be counted whether it was in private sector or public sector.

 
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Dy Director

Originally posted by : Dr. MPS RAMANI Ph.D.[Tech]
Experience in any profession is very important. It should be counted whether it was in private sector or public sector.

 

Whether it should be counted or should not be counted is not releant.

 

In all other fields (other than teaching ) ony exdperience under Govt organisation is counted as experience, where  experiecne is prescribed for recruitment.

 
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