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High Court of DelhiW.P.(C)/9190/2023

Preeti Shimmar v. Directorate Of Education And ORS

2024-03-11Hon'Ble Mr. Justice Subramonium Prasad2 pages

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9190/2023 PREETI SHIMMAR ..... Petitioner Through:

Mr. Nikhilesh Kumar, Advocate.

versus DIRECTORATE OF EDUCATION AND ORS.

..... Respondents Through:

Mr. Gaurav Dhingra, Advocate for R1.

Mr. Gaurav Kumar Pandey, Advocate for School and DSGMC.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 11.03.2024 1.

The Petitioner has approached this Court with the following prayers: "a) Issue a writ of mandamus, order(s) or direction(s), directing the Respondent No.4 & 5 to treat the present Writ Petition as a representation in addition to the representation dated 20.11.2021 and pass a speaking within a period of 4 weeks;

b) pass such other order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."

2.

The facts of the case reveal that the Petitioner is a physical education teacher. It is stated that on 18.01.2019, the Respondent No.2 issued an advertisement for filling up of 22 posts including TGT (PET). The Petitioner applied for the said post of Physical Education Teacher and the interview was to be conducted on 24.05.2019. It is the case of the Petitioner that there are irregularities in the selection process. Alleging the irregularities, the W.P.(C) 9190/2023 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/03/2024 at 12:49:21

Petitioner submitted a detailed representation before the Directorate of Vigilance on 20.11.2021. It is stated that a complaint was also lodged by the Petitioner on 22.04.2022 before the National Commission for Scheduled Caste where the proceedings are going on. It is stated that regarding the representation dated 20.11.2021, the Petitioner received a communication on 19.06.2023 stating that the complaint has been forwarded to the Principal Secretary, (Education), Directorate of Education on 27.01.2022 for taking necessary action but the Petitioner does not know the fate of the complaint. The Petitioner has, therefore, approached this Court with the aforesaid prayers.

3.

Since the representation dated 20.11.2021 is pending and yet to be decided, this Court is inclined to dispose of the present writ petition with a direction to Respondent Nos.4 and 5 to decide the representation of the Petitioner in accordance with law and uninfluenced by any observations made by this Court in the present writ petition. Since the representation was filed in the year 2021 and two years have already passed, Respondent Nos.4 and 5 are requested to decide the representation of the Petitioner as expeditiously as possible, preferably within a period of three months from today.

4.

Pending applications, if any, also stand disposed of. 5.

It is made clear that this Court has not made any observations on the merits of the case.

SUBRAMONIUM PRASAD, J MARCH 11, 2024 S. Zakir W.P.(C) 9190/2023 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/03/2024 at 12:49:21