Central Administrative Tribunal - Delhi
Jaideep vs Govt. Of Nctd on 28 July, 2023
Item 88
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No.3658/2018
This the 28th day of July, 2023
Hon'ble Mr. Manish Garg, Member (J)
Hon'ble Mr. Sanjeeva Kumar, Member (A)
1. Jaideep
Aged about 25 years S/o Jagpal Singh
R/o VPO-Badani, District & Tehsil Jhajjar,
Haryana- 124104 Post Code: 1/18
Mob. No. 9813935012
Post: Teacher (Primary)
Group-B
2. Nancy
Aged about 20 years D/o Virender Singh
R/o B-22, Nanda Road, Sarai Pipal Thala Extension,
Adarsh Post: Teacher (Primary)
Nagar, Delhi-110033 Mob. No. 8930299036
Post Code: 1/18 Group- B
3. Kusum Lata Arya
Aged about 33 years D/o Mohan Lal
R/o H. No. 249, Housing Board Colony,
Sector 23, Sonipat
Mob. No. 98 9669 9091
Post: Teacher (Primary)
Post Code: 1/18
Group-B
4. Ankita
Aged about 18 years
D/o Ajay Kumar R/o 160/26, Jawahar Nagar,
Rohtak-124001
Mob. No. 8901569916
Post: Teacher (Primary)
Post Code: 1/18 Group-B
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5. Amit Saini
Aged about 19 years
S/o Ramniwas Saini R/o 691,
Saini Mohalla, Nangloi, Delhi-110041
Mob. No. 9990828382
Post: Teacher (Primary)
Post Code: 1/18
Group-B
6. Pooja
Aged about 20 years D/o Randhir Singh
R/o VPO Barauli, Sonipat, Haryana 131021
Mob. No. 9953982306 Post: Teacher (Primary)
Post Code: 1/18
Group - B
7. Poonam
Aged about 31 years W/o Roshan Lal
R/o Ward Number 9, Near ITI Kalanaur Kalan, District
Rohtak
124113
Mob. No. 9992101665
Post: Teacher (Primary)
Post Code: 1/18
Group-B
8. Pooja
Aged about 19 years
D/o Virender
R/o VPO Sisana, Tehsil Kharkhoda District Sonipat,
Haryana
Mob. No. 7840011655
Post: Teacher (Primary) Post Code: 1/18
Group-B
9. Shiwani
Aged about 19 years
D/o Mawasi Ram R/o 210, Pandwala Khurd, Najafgarh,
New Delhi-110043
Mob. No. 9953641088
Post: Teacher (Primary)
Post Code: 1/18
Group-B
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10. Nitiksha
Aged about 19 years
D/o Narender Kumar
R/o House Number 385, Village Badli, Delhi-110042
Mob. No. 9205537637
Post: Teacher (Primary) Post Code: 1/18
Group-B
11. Sonali
Aged about 20 years D/o Sunil Kumar
R/o House Number 269/1, Near Shaheed Bhagat Singh
Park,
Mundka, New Delhi-110041 Mob. No. 9717271102
Post: Teacher (Primary) Post Code: 1/18
Group-B
12. Nikita Vats
Aged about 21 years
D/o Kailash Vats R/o House Number 608/6, Near
State Bank, Mundka, New
Delhi-110041 Mob. No. 9811435787
Post: Teacher (Primary)
Post Code: 1/18
Group - B
13. Hanshi
Aged about 18 years D/o Shamsher Singh
R/o House Number 325, Poll Number 98,
Near Anand Oil
Depo, Mundka Delhi-110041
Mob. No. 8588009720 Post: Teacher (Primary)
Post Code: 1/18 Group - B
14. Mahima sharma
Aged about 21 years
D/o Ajay Sharma R/o B 632, Weavers Colony, Ashok
Vihar Phase-IV, Delhi-110052
Mob. No.8368231963
Post: Teacher (Primary)
Post Code: 1/18
Group-B
15. Paramjeet
Aged about 26 years W/o Vishesh Kundu
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R/o 45, Shahpur, Panipat, Haryana 132017
Mob. No. 9416613166
Post: Teacher (Primary)
Post Code: 1/18
Group - B
16. Diksha Girdhar Aged about 19 years
D/o Narender Kumar
R/o 248, Nimri Colony, Ashok Vihar Phase 4,
Delhi-110052
Mob. No. 9999263461 Post: Teacher (Primary)
Post Code: 1/18 Group-B
17. Jogita Tehlan
Aged about 20 years D/o Parmod
R/o V.P.O Ujwa, New Delhi 110073
Mob. No. 7065719068 Post: Teacher (Primary)
Post Code: 1/18 Group-B
18. Esha
About 20 years
D/o Devender Singh
R/o VPO Mitraon, Najafgarh, New Delhi-110043
Mob. No. 9718765690
Post: Teacher (Primary)
Post Code: 1/18 Group-B
19. Kunal choudary Aged about 22 years
S/o Mukesh Dahiya R/o B-233, Sector 14 Rohini,
Prashant Vihar, Delhi 85
Mob. No. 8527506820 Post: Teacher (Primary)
Post Code: 1/18 Group - B
20. Aman Kumar
Aged about 19 years S/o Shankar Prasad
R/o 32/28, Gali Number 9, Bhikam Singh Colony,
Vishwas Nagar, Shahdara, Delhi-110032
Mob. No. 999071491
Post: Teacher (Primary)
Post Code: 1/18
Group-B
21. Brijesh Kumar Maurya
Aged about 23 years S/o Ramraj Maurya
R/o Village Majidaha, Post Samudpur,
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Tehsil Sakaidiha
District Chandauli, Uttar Pradesh-221115
Mob. No. 9161176432 Post: Teacher (Primary)
Post Code: 1/18 Group-B
22. Pooja
Aged about 20 years
D/o Shri Krishan
R/o VPO Akbar Pur, Barota, Sonipat Haryana
Mob. No. 8295 265 433
Post: Teacher (Primary)
Post Code: 1/18
Group-B
23. Ekta
Aged about 20 years
D/o Jai Singh
R/o House Number 2880, New Housing Board
Colony Sector 15, Sonipat Haryana 131001
Mob. No. 9466492819 Post: Teacher (Primary)
Post Code: 1/18
Group-B
24. Shubham Wadhwa Aged about 21 years
S/o Rajender Kumar
Mob. No. 7289 808 440 Post: Teacher (Primary)
R/o B-1100, MIG Flats, East of Loni Road,
Delhi-110093 Post Code: 1/18 Group-B
25. Isha Dhall
Aged about 20 years D/o Anil Dhall
R/o A 159, Sudarshan Park, New Delhi-110015
Mob. No. 9899045699 Post: Teacher (Primary)
Post Code: 1/18
Group-B
26. Ritu Gupta Aged about 23 years
D/o Shri Niwas Gupta
R/o 360, Dheerpur Gali Number 1, Delhi-110009
Mob. No. 9971300647
Post: Teacher (Primary) Post Code: 1/18
Group-B
27. Shikha Gupta
Aged about 20 years
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D/o Shri Niwas Gupta R/o 360, Dheerpur Gali
Number 1, Delhi-110009
Mob. No. 9811086528
Post: Teacher (Primary)
Post Code: 1/18
Group-B
28. Preeti
Aged about 24 years D/o Inder Kumar
R/o C-19, MCD Flats, Nani Wala Bagh,
Azadpur Delhi -110033
Mob. No. 9891897089
Post: Teacher (Primary) Post Code: 1/18
Group-B
29. Varsha Rana
Aged about 28 years D/o Schdev Singh
R/o VPO Sohati, District Sonipat, Haryana 131402
Mob. No. 9289397176 ) Post: Teacher (Primary
Post Code: 1/18
Group-B
30. Reetu Rani R/o Kheri Roj (72), Hisar, Milakpur,
Haryana 125039
Aged about 32 years D/o Satbir Singh
Post: Teacher (Primary)
Post Code: 1/18 Group - B
31. Ritu
Aged about 22 years
D/o Umed Singh
R/o VPO Gandhra, Distt. Rohtak, Haryana-124501
Mob. No. 8607510112 Post: Teacher (Primary)
Post Code: 1/18
Group-B
32. Anjali
Aged about 20 years
D/o Surender Verma R/o Jharoda Kalan,
Delhi-110072
Mob. No. 9210634608
Post: Teacher (Primary)
Post Code: 1/18
Group-B
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33. Sapna D/o Surender R/o Jharoda Kalan,
South West, Delhi-110072
Aged about 22 years.
Mob. No. 9999198696 Post: Teacher (Primary)
Post Code: 1/18
Group-B
34. Komal Aged about 23 years
D/o Gopal R/o B-285, JJ Colony,
Wazirpur, Delhi-110052
Mob. No. 9560934859
Post: Teacher (Primary) Post Code: 1/18
Group-B
35. Suman Lata Aged about 35 years
D/o Bijender Singh
R/o 64, Village Sultanpur Dabas,
PO Pooth Khurd, Delhi- 110039
Mob. No. 9811271322
Post: Teacher (Primary)
Post Code: 1/18
Group- B
. ...Applicants
(By Advocate:Ms. Shradha Adhikari for
Mr. Anuj Aggarwal )
Versus
1. Govt. of NCT of Delhi
Through its Chief Secretary,
Delhi Secretariat,
I.P. Estate, New Delhi-110002
2. Delhi Subordinate Services Selection Board (DSSSB),
Through its Chairman Govt. of NCT of Delhi,
FC-18, Institutional Area, Karkardooma,
Delhi-110092
3. North Delhi Municipal Corporation (NDMC)
Through its Commissioner Dr. SPM Civil Centre,
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O.A. No.3658/2018
J.L. Nehru Marg, New Delhi-110002
4. South Delhi Municipal Corporation (SDMC) Through its
Commissioner 23rd Floor, Civic Centre,
Minto Road,
New Delhi-110002
5. East Delhi Municipal Corporation (EDMC),
Through its Commissioner
419.Udyog Sadan,
Patparganj Industrial Area, New Delhi-110096
6. Central Board of Secondary Education (CBSE)
Through its Chairman
Shiksha Kendra, 2, Community Centre, Preet Vihar,
Delhi-110092. ...Respondents
(By Advocate;Ms. Anupama Bansal
Ms. Filza Moonis
Mr. Ritank Kumar for R.K. Sharma)
ORDER (ORAL)
By Hon'ble Mr. Manish Garg, Member (J) In the instant OA, the applicant seeks the following relief(s) :-
" (i) set aside the impugned Advertisement No. 01/18 dated 26.06.2018 to the extent it fails to grant the one time relaxation to the applicants herein who are seeking appointment on the post of Teacher (Primary) in MCD (Post Code 1/18).
(ii) Declare that the impugned action on the part of the respondents in not relaxing the Central Teacher Eligibility Test (CTET) qualification for appointment on the post of Teacher (Primary) in MCD (Post Code 1/18) notified vide Advertisement No. 01/18 dated 26.06.2018) by the Delhi Subordinate Services Selection Board (DSSSB) in case of the applicants, is illegal as well as unjustified;9 O.A. No.3658/2018
(iii) direct the respondents to consider, and grant, relaxation in the Central Teacher Eligibility Test (CTET) qualification for appointment on the post of Teacher (Primary) in MCD (Post Code 1/18) notified vide Advertisement No. 01/18 dated 26.06.2018 by the Delhi Subordinate Services Selection Board (DSSSB) in case of the applicants;
(iv) direct the respondents to consider the candidature of the applicants for appointment on the aforesaid posts treating the applicants to be qualified for the aforesaid posts;
(v) allow the present Application with costs, in favour of the applicants;
(vi) issue any other appropriate order or direction as this Hon'ble Tribunal may deem fit and proper in the interest of justice and in the favour of the applicants;
2. Learned counsel for the respondents states that the matter is squarely covered by decision rendered by Hon'ble High Court in OA No.3666/2018 titled Bharti Bhama and GNCTD and others. For the sake of clarity, the said order is reproduced as under :-
"The applicants seek the following relief in the Present OA:-
"(i) Set aside the impugned Advertisement No. 01/18 dated 26.06.2018 to the extent it fails to grant the one time relaxation to the applicants herein who are seeking appointment on the post of Teacher (Primary) in MCD (Post Code 1/18).
(ii) Declare that the impugned action on the part of the respondents in not relaxing the Central Teacher Eligibility Test (CTET) qualification for appointment on 10 O.A. No.3658/2018 the post of Teacher (Primary) in MCD (Post Code 1/18) notified vide Advertisement No. 01/18 dated 26.06.2018) by the Delhi Subordinate Services Selection Board (DSSSB) in case of the applicants, is illegal as well as unjustified;
(iii) direct the respondents to consider, and grant, relaxation in the Central Teacher Eligibility Test (CTET) qualification for appointment on the post of Teacher (Primary) in MCD (Post Code 1/18) notified vide Advertisement No.01/18 dated 26.06.2018 by the Delhi Subordinate Services Selection Board (DSSSB) in case of the applicants;
(iv) direct the respondents to consider the candidature of the applicants for appointment on the aforesaid posts treating the applicants to be qualified for the aforesaid posts;
2. Learned counsel for the applicants contends that the Central Board of Secondary Education (CBSE) usually conducts the CTET examination twice every year. It is submitted that CBSE has last conducted CTET examination in September, 2016 and since then no CTET examination has been conducted. It is submitted that the applicants have been deprived of their right to appear in the CTET examination. It is, therefore, submitted that at least two chances/opportunities to appear in CTET examination should be given to the applicants after submitting their application forms for appointment to the aforesaid post in terms of advertisement No.01/18 dated 26.06.2018. It is stated that the applicants are entitled for grant of relaxation in CTET qualification for the post of Teacher (Primary), MCD (Post Code 1/18) in terms for Section 23 (2) of the Right of Children to Free and Compulsory Education Act, 2009. Reference has been drawn to Section 23 of the said Act, 2009, which is reproduced herein below for ready reference:
"23. Qualification for appointment and terms and conditions of service of teachers (1) Any person possessing such minimum qualifications, as laid down by an academic authority, authorized by the 11 O.A. No.3658/2018 Central Government, by notification, shall be eligible for appointment as a Teacher.
(2) Where a State does not have adequate institutions offering courses or training in teacher education, or teachers possessing minimum qualifications as laid down under sub-section (1) are not available in sufficient numbers, the Central Government may, if it deem necessary, by notification, relax the minimum qualifications required for appointment as a teacher, for such period, not exceeding five years, as may be specified in that notification:
Provided that a teacher who, at the commencement of this Act, does not possess minimum qualifications as laid down under sub-section(1), shall acquire such minimum qualifications within a period of five years.
3. The Division Bench of the Hon‟ble High Court of Delhi in Neelam Vs. Govt. of NCT of Delhi in W.P. (C) No.189/2016, decided on 11.01.2016, held as under :-
"5. The Tribunal has allowed the OA filed by the petitioners and quashed Clause 4 of the Guidelines dated 08.11.2010. While disposing of the OA, the following directions have been issued:
"In view of the aforementioned, we set aside Clause 4 of the impugned guidelines issued vide No.1-15/2010 EE-4 dated 08.11.2010. It would be open to the respondents to take up the matter for exercise of the powers conferred upon the Central Government under Section 23(2) of the Right of Children to Free and Compulsory Education Act, 2009, as per procedure laid down in the aforementioned guidelines. The OA stands disposed of."
6. Counsel for the petitioner submits that, at this stage, the petitioner would be satisfied if a time limit 12 O.A. No.3658/2018 is fixed to enable the respondents to consider the case of the petitioner under Section 23(2) of the Right of Children to Free and Compulsory Education Act, 2009, as per procedure laid down in the Guidelines.
7. Counsel for the respondents entered appearance on an advance copy.
8. We find the prayer of the counsel for the petitioner to be fair and just. Accordingly, we direct the respondents no.1 and 2 to comply with the order dated 12.02.2015. We also direct the respondent no.1 and 2 to consider the case of the petitioner within a period of eight weeks from the date of receipt of this order in accordance with law. This order is without prejudice to the rights and contentions of the parties."
4. Learned counsel states that in view of the aforesaid, due to the embargo laid down in Clause 4 of the HRD Ministry Circular dated 08.11.2010 for grant of relaxation in regard to CTET relaxation, GNCTD was disentitled to make such proposal to the Central Govt.
However, in view of the Central Administrative Tribunal Order dated 12.02.2012, upheld by Hon‟ble High Court in case of Neelam (supra), setting aside Clause 4 of the guidelines dated 08.11.2010, Govt. of NCT of Delhi is now free to make such proposal to Central Government.
The Hon'ble Delhi High Court was pleaded to direct the Delhi Govt. to comply with the Order dated 12.02.2015.
13 O.A. No.3658/20185. Per contra, learned counsel for the respondents states that the applicants do not fulfil the eligibility criteria inasmuch as they do not possess the requisite qualification as per prescribed under the RRS and, therefore, they are not entitled for any relaxation of any kind.
6. She further quotes the judgment dated 04.08.2021 passed by the Hon'ble High Court of Delhi in WP(C) No.6006/2021, Anuj and Ors. v. Govt. of NCT of Delhi and Others reported in 2021 SCC OnLine Del 3936 and states that the instant OA is squarely covered by the aforesaid judgment on the same issue and that of the same department.
7. After hearing both the learned counsel, we find that the applicants do not fulfil the requisite eligibility criteria and hence, the OA itself lacks merit. Moreover, as the issue is no more res integra, in view of the judgment passed by the Hon'ble High Court of Delhi in Anuj Kumar and Ors. (supra). The operative portion of the said judgment reads as under:-
"13. Having heard the learned counsel for the parties, we are not inclined to interfere with the impugned order passed by the Tribunal.
14. To our minds, the contention advanced by Ms. Mukherjee, on behalf of the petitioners, cannot be accepted. An essential qualification, qua appointment to a post, cannot be relaxed.
15. The CTET Exam, 2021 may have been postponed due myriad reasons, however, that by itself, cannot be the basis for giving a leg-up to the petitioners. 16. Any which ways, the contention of the petitioners, in our view, is untenable, as clearing CTET is an essential qualification, for sitting for the exam and being considered for appointment to the post of TGT.14 O.A. No.3658/2018
17. Accordingly, the writ petition is dismissed.Pending application shall stand closed."
In view of above, the OA is dismissed.
8. No order as to costs."
6. In view of the aforesaid proposition laid down by the Hon'ble High Court, the matter is dismissed. No order as to costs.
(Sanjeeva Kumar (Manish Garg) Member (A) Member (J) „uma‟