Dr. Deepmala Maurya v. The Director/ Principal, & ANR.

$~65 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ DR. DEEPMALA MAURYA .....Petitioner Through:

Ms. Tamali Wad, Senior Advocate with Mr. Varyam Pandey & Ms.

Palak Garg, Advocates.

versus THE DIRECTOR/ PRINCIPAL, & ANR.

.....Respondents Through:

Mrs. Avnish Ahlawat, Standing Counsel for GNCTD with Ms.

Aliza Alam, Advocate.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 10.07.2025 W.P.(C) 7648/2023, CM APPL. 39955/2025 (for disposal of the writ petition) & CM APPL. 39996/2025 (for early hearing) 1.

By way of the captioned writ petition, the petitioner seeks the following reliefs:- "a.

Issue an appropriate writ, order or direction, to quash & set aside the Recruitment Rules approved by the governing council of the respondent, in its meeting held on 16.7.2008. b.

Issue an appropriate writ, order or direction, to quash & set aside the Advertisement Dt. 21.1.2022 to the extent that it advertises 01 post of Assistant Professor (Periodontics), to be filled by way of direct recruitment.

c.

Issue an appropriate writ, order or direction thereby directing the respondent that the petitioner will continue to be governed by the pre-existing RRs for promotion to the post of Assistant Professor, and to consider her for promotion to the said post by applying RRs of July, 2007, and/or d.

Direct the Respondent to comply with the guidelines issued by the DoPT vide OM Dated 31.12.2010 to protect the interests of existing Demonstrator/Lecturer.

e.

Pass any such other or further orders as this Hon'ble Court may deem fit and proper in the interest of justice and in favour of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

petitioner."

2.

Ms. Tamali Wad, learned Senior Counsel for the petitioner, states that the petitioner is already working in the respondent No. 1-Maulana Azad Institute of Dental Sciences ["the Institute"] as a Demonstrator. The erstwhile Recruitment Rules provided for the post of Assistant Professor to be filled, both by direct recruitment and promotion. However, in the Recruitment Rules approved by the Governing Council on 16.07.2008, the promotional avenue for the post of Assistant Professor was done away with, and direct recruitment was designated as the only mode of appointment. The petitioner's challenge to the new Recruitment Rules is principally predicated upon the contention that the rules were not approved by Government of National Capital Territory of Delhi ["GNCTD"], as provided in Article 3(s) of the Institute's bye-laws. The petitioner, therefore, challenges both the new Recruitment Rules, and the advertisement dated 21.01.2022 issued under the said rules. 3.

An application [CM APPL. 39955/2025] has now been filed by the Institute, stating that it is in the process of commencing a fresh recruitment exercise, complying with the mandate of reservation in terms of the Central Educational Institutions (Reservation in Teachers Cadre) Act, 2019. Other writ petitions relating to the same advertisement have been disposed of by this Court1 on this basis, reserving the rights and contentions of the petitioners, where required. 4.

Although Ms. Wad submits that the petitioner's challenge to the Recruitment Rules would arise even if a new recruitment exercise is 1 Order dated 02.07.2025 in W.P.(C) 869/2022 [Social Democratic Teachers Front & Ors. v. Maulana Azad Institute of Dental Sciences & Ors.] and order dated 09.07.2025 in W.P.(C) 9540/2023 [Dr. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

initiated under the same Recruitment Rules, I am of the view that the appropriate course in the present case also is to reserve the petitioner's right to raise these contentions, once a fresh advertisement is issued. The terms and conditions of the fresh recruitment are yet unknown, and the status of the rules, including the question of approval from GNCTD, if required, may also change.

5.

In these circumstances, the writ petition is disposed of on the Institute's submission that it does not intend to proceed with the advertisement dated 21.01.2022.

6.

It is made clear that rights and remedies of the petitioner remain reserved, in the event she is aggrieved by any proposed recruitment exercise of the Institute.

7.

The next date of hearing, i.e. 21.11.2025, stands cancelled. PRATEEK JALAN, J JULY 10, 2025"pv"/AD/ Himanshu Dadlani v. Maulana Azad Institute of Dental Sciences & Ors. and connected matter]. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.