High Court of DelhiW.P.(C)/2091/2014

Nisha v. High Court Of Delhi Through Its Registrar General And ORS

2017-03-17Hon'Ble Mr. Justice Valmiki J. Mehta2 pages

Mr. Ashutosh Thakur, Adv.

versus HIGH COURT OF DELHI THROUGH ITS REGISTRAR GENERAL AND ORS ..... Respondents Through:

Ms. Saahila Lamba, Adv. for R-2 and 3.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 17.03.2017 1.

This writ petition is disposed of with the consent order that the order dated 21.8.2013 and the letter dated 20.12.2013 issued by the respondent nos.2 and 3 are set aside inasmuch as they are non-speaking and the rule requiring grant of relaxation implies that reasons will be given as to why relaxation should or should not be granted to the petitioner. I may note that petitioner in fact during her probationary services has completed not only the course of certificate in Library Science but has obtained a higher qualification of B.Lis. Also, the present case appears to be a case where petitioner was given the appointment without eligibility, but petitioner has obtained the eligibility during her service tenure, and relaxation as per the

rules can be given by the competent authority. 2.

The competent authority, if necessary, will hear the petitioner and pass a speaking order within a period of six weeks and the speaking order will be communicated to the petitioner. If the same is not favourable to the petitioner, petitioner at that stage can challenge the order in accordance with law.

This writ petition is treated as a representation to the competent authorities.

The petition is disposed of in terms of the aforesaid observations.