Central Administrative Tribunal - Delhi
Smt. Neetu Verma vs Govt. Of Nct Of Delhi on 5 May, 2014
Central Administrative Tribunal Principal Bench New Delhi OA. 739/ 2012 New Delhi this the 5th day of May, 2014 Honble Shri V. Ajay Kumar, Member (Judicial) Honble Shri V. N. Gaur, Member (Administrative) 1. Smt. Neetu Verma D/o Sh. Balak Ram R/O WZ 1043/3, Nangal Raya, New Delhi-46. .. Applicant ( By Advocate : Sh. N.K. Singh) VERSUS 1. Govt. of NCT of Delhi. Through Chief Secretary I.P. Estate New Delhi. 2. The Secretary Delhi Subordinate Selection Board FC-18 Institutional Area Karkardooma, Delhi-110092 3. The Secretary TRC, Health & Family Welfare Department, GNCT 9th Level, Delhi Sectt. New Delhi. 4. The Director Est-V Branch, Lok Nayak Hospital Government of NCT of Delhi. .Respondents. (By Advocate: Mr. Amar Pandey proxy for Mrs. Alka Sharma) O R D E R (ORAL)
(By Honble Shri V. Ajay Kumar, Member (J):-
Heard the learned counsel for the applicant.
2. The applicant secured her certificate course of Telephone Operator from Sarvodaya Institute of Education, Vikas Marg, Lakshmi Nagar, Delhi on 10.12.1999(Annexure A-3). She has also done her Post Graduation in Political Science and has also been working in the Guru Teg Bahadur Hospital (Delhi Administration), as Telephone Operator on contract basis since 14.5.2002 to till date.
3. In pursuance of the Advertisement No. 09/2007 dated 21.1.2008 (Annexure A-6) issued by the respondents inviting applications for selection to ten posts of Telephone Operator on regular basis, against the Post Code No. 184/07, she applied for selection to the said post. The qualification required for the said posts as mentioned therein are as under:-
Telephone Operator: Post Code: 184/07; Vacancies :10, Qualifications : 1. Matric; 2. Certificate in the Operation of telephone exchange from Telephone Department or recognized institution; Age Limit ; Between 18-27 years.
4. Since the applicant fulfils the eligibility criteria meant for the post, she applied and also participated in the selection process for the said post. She topped the selection process. Accordingly, the respondents vide Order dated 13.1.2011 (Annexure P-7) issued an offer of appointment to the applicant for the post of Telephone Operator.
5. It is stated that despite submission of her certificates on 17.01.2011, the respondents issued the impugned cancellation of candidature order dated 12.5.2011 (Annexure P-1) stating that on scrutiny of the documents it has been revealed that she does not fulfill the eligibility condition as per recruitment rules for the post of Telephone Operator. After that vide letter dated 16.9.2011 while returning her dossiers, it was stated that it is to inform you that her candidature has been rejected on the basis of not fulfilling the eligibility conditions as per recruitment rules for the post. She has submitted a diploma certificate of Telephone Operator from Sarvodaya Institute of Education, Sarvodaya House, Vikas Marg, Luxmi Nagar, Delhi which is not a recognized institute by any Government Authority as per the letter received from the Institute. Hence, the applicant filed the present OA, challenging the order dated 12.5.2011 and letter dated 16.9.2011.
6. The respondents in their counter reply, have stated that the Sarvodaya Institute of Education from which the applicant has got the Telephone Operator Certificate is not a recognized institute by any University or any Government Department and, therefore, the applicant is not entitled for appointment, though she has secured highest marks in the selection process.
7. The applicant though not disputed that the certificate issued by the Savordaya Institute of Education for Telephone Operator Course is not a recognized one but submits that there is no recognized institute other than the above one which conducts certificate course for the Telephone Operator in Delhi or in other places in India, and for want of qualified persons, number of posts of Telephone Operator are kept vacant. Now out of the 10 notified vacancies, 8 vacancies are kept vacant for want of eligible candidates, who are possessing the certificate course from the recognized Institutes. It is further submitted that in similar circumstances, this Tribunal, after examining the similar issue, in OA 281/2001, passed the following directions vide its order dated 07.11.2011:-
11. Under the circumstances, in the absence of any authority identified to be competent to recognize an Institution within the ambit of the Recruitment Rules, and in the absence of any list of recognized institutions furnished to us, applicants claim for consideration for appointment on the basis of the certificate issued by the Sarvodaya Institute of Education cannot be lightly brushed aside, more so when respondents have not rebutted applicants specific assertion that certificates of a similar institution namely National Association for the Blind, Haryana State Branch, Faridabad have been accepted by respondents.
12. Under the circumstances respondents are directed;-
i) to consider the claim of applicants for appointment as Telephone Operator pursuant to the selections in question against the available vacancies, subject to their securing a position in the merit list, and fulfilling the other prescribed qualifications. Respondents shall pass a speaking order in this regard in accordance with the rules and instructions within two months from the date of receipt of a copy of this order.
ii) to consider issuing a list of institution recognized by the competent authority for the purpose of recruitment rules.
13. The OA succeeds and is allowed to the extent contained in para 12 above. No costs.
8. In pursuance of the said order passed by this Tribunal, the respondents have considered the qualification of the applicants therein i.e. Telephone Operator Certificate obtained from the same Sarvodaya Institute of Education and offered the appointment to them. The applicant in the present OA, is also similarly situated like the applicants in OA No.281/2011, and also possesses the similar qualification obtained from the same institute and, thus, for parity of reasons, this OA is also allowed.
9. Under the circumstances respondents are directed;-
to consider the claim of the applicant for appointment as Telephone Operator pursuant to the selections in question against the available vacancies, subject to her securing a position in the merit list, and fulfilling the other prescribed qualifications. Respondents shall pass a speaking order in this regard in accordance with the rules and instructions within two months from the date of receipt of a copy of this order. No order as to costs.
(V.N. Gaur) (V. Ajay Kumar) Member (A) Member (J) /mk/