Social Democratic Teachers Front And ORS v. Maulana Azad Institute Of Dental Sciences And ORS

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SOCIAL DEMOCRATIC TEACHERS FRONT AND ORS .....Petitioners Through:

Mr. Anand Nandan, Mr. Kuldeep Mishra, Ms. Aashna Aggarwal, Advocates.

versus MAULANA AZAD INSTITUTE OF DENTAL SCIENCES AND ORS .....Respondents Through:

Ms. Avnish Ahlawat, SC with Ms.

Aliza Alam, Mr.

Mohnish Sehrawat, Mr. Amitoj Chadha, Advocates for R-1.

Mr. Mohinder Rupal, Mr. Hardik Rupal, Ms. Aishwarya Malhotra, Advocates for DU.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 02.07.2025 CM APPL. 37577/2025 (for disposal of W.P.(C) 869/2022 ) & W.P.(C) 869/2022 1.

The captioned writ petition has been filed by candidates for various posts [Assistant Professors] advertised by respondent No. 1 - Maulana Azad Institute of Dental Sciences ["the Institute"] by way of an advertisement dated 22.12.2021. The principal grievance of the petitioners, who belong to the Scheduled Caste and Scheduled Tribe The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

categories, was that the recruitment process undertaken by respondent No. 1 - Institute was not in compliance of the mandate of reservation as prescribed under the Central Educational Institutions (Reservation in Teachers' Cadre) Act, 2019 ["the 2019 Act"].

2.

The interim arrangements are governed by an order of the Division Bench dated 02.06.2023 in an appeal filed by the petitioners herein in Dr. Dipanshu Kumar and Ors. v. Maulana Azad Institute of Dental Sciences and Ors. [LPA 498/2023], which was directed against the order of this Court dated 26.05.2023, whereby their application for interim relief was rejected. By the said order dated 02.06.2023, the Division Bench observed that the recruitment would not be stayed but would remain subject to the final outcome of the writ petition. 3.

The present application has been filed by the Institute in which it is stated as follows:

"8. That pursuance to the decision of the Governing Body, it is submitted that since the recruitment process undertaken was not in consonance with the Central Educational Institutions (Reservation in Teachers Cadre) Act, 2019, al [sic] the pending Writ Petitions can be disposed of allowing the Respondent No. 1 not to implement any selections made as per Advertisement dated 22.12.2021 and allow them to start the fresh recruitment process in consonance with Central Educational Institutions (Reservation in Teachers Cadre) Act, 2019. The relevant portion of the Agenda Note and the Minutes of the Meeting held on 16.04.2025 is annexed as ANNEXURE-MA3.

9. That in view of the submissions made above it is submitted that this Hon'ble Court may be pleased to dispose of the above mentioned Writ Petition and connected Petitions, W.P.(C) 7648/2023, W.P.(C) 9540/2023, W.P.(C) 3527/2024, with liberty to start fresh process of selection in conformity with the prov1s1ons of Central Educational Institutions (Reservation in Teachers Cadre) Act, 2019." 4.

Ms. Avnish Ahlawat, learned Standing Counsel for respondent No. 1 - Institute, confirms upon instructions that the Institute does not The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

proposes to proceed with the impugned recruitment process pursuant to the advertisement dated 22.12.2021 and will instead initiate fresh recruitment in compliance with the 2019 Act.

5.

In view of the above, the grievances of the petitioners stand satisfied.

6.

However, Mr. Anand Nandan, learned counsel for the petitioners, raises an apprehension that ad-hoc appointments which have already been made in the Institute and further ad-hoc appointments may be made during the pendency of the proposed recruitment process. 7.

As far as this aspect is concerned, Ms. Ahlawat states that the adhoc appointments may be made in order to ensure that activities of the Institute continue, including by availability of teaching faculty. However, she assures the Court that the proposed recruitment process will be completed expeditiously and in any event, not later than nine months from today. Further, any ad-hoc appointments will be subject to the outcome of the regular recruitment process.

8.

Mr. Nandan is also agreeable to disposal of the writ petition on this basis.

9.

In light of the above, the writ petition is disposed of with the above observations, and binding the Institute to the submissions recorded hereinabove.

10.

All pending applications stand disposed of.

11.

Next date of hearing, i.e. 21.11.2025, stands cancelled. PRATEEK JALAN, J JULY 2, 2025 'Bhupi/sd'/ The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.