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2016 (11) TMI 1737 - SC - Indian LawsDirection to consider the candidature of the Respondent for selection and appointment as Teacher (Primary) in MCD Schools by giving him age relaxation upto 32 years - HELD THAT:- After rejecting the contentions on merits and upholding the validity of the Recruitment Rules, the Court went into the issue of hardship because of sudden reduction in the upper age limit and only on that ground one time relaxation was given to the Petitioners in the said petition. A direction was given to permit all those candidates who had completed the ETE course either in the year 2006 or 2007 or 2008 to appear in the examination. Thus, this was one time relaxation given for the examination which was to be conducted in the year 2008, in order to ameliorate the hardship. Once, we understand the contours and scope of the judgment and directions, it becomes abundantly clear that the said judgment of the High Court in the case of Sachin Gupta v. DSSSB and Ors. decided on 28.08.2008 cannot be made applicable for all times. The Respondent herein was not the candidate in the recruitment to the said post in the year 2008, On the contrary, he applied for the post pursuant to the advertisement published in the year 2009. In the impugned judgment the High Court has failed to consider the aforesaid analysis of its earlier judgment in Sachin Gupta's case. Appeal allowed.
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