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Jolly Batoo vs. Govt of NCT of Delhi and Ors.

Letters Patent Appeal · 2026:DHC:7873-DBDecided 10 Sept 2026New Delhi Bench
LPA 713/2026CNR: DLHC010429622026
Chief Justice Devendra Kumar Upadhyaya · Justice Tejas Karia

Background

The appellant, a directly recruited Post Graduate Teacher at Lady Irwin Senior Secondary School, challenged a seniority list issued in March 2022 that placed her below certain colleagues, as well as the promotion of one colleague to Vice Principal. Her writ petition and subsequent review petition before the Single Judge had both been dismissed, and she appealed further.

Decision Breakdown

The Division Bench examined Rule 109 of the Delhi School Education Rules, 1973, which determines seniority by order of merit at the time of selection, and found no merit in the appellant's claim to seniority over a colleague promoted just before her own appointment date, since she could not claim seniority from before she even joined the cadre. Regarding two other colleagues who scored higher marks in the same selection process, the Court rejected the argument that being interviewed earlier in the day should count as an "earlier selection" for seniority purposes, clarifying that DoPT guidelines on "earlier selection" versus "subsequent selection" apply only to distinct recruitment drives, not to candidates interviewed on different times/dates within the same recruitment process. The appeal was dismissed with no order as to costs.

Lesson Learnt

In seniority disputes among government/aided school employees, merit rank in a single common selection process determines seniority, being interviewed earlier on the same day, or even on an earlier date within the same recruitment drive, does not automatically confer seniority over a colleague who scored higher marks.

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