Central Administrative Tribunal - Delhi
Shri Gulab Singh vs The Government Of National Capital ... on 11 July, 2013
Central Administrative Tribunal Principal Bench New Delhi O.A.No.14/2012 M.A.No.364/2013 Order Reserved on: 05.07.2013 Order pronounced on 11.07.2013 Honble Shri V. Ajay Kumar, Member (J) Honble Shri V. N. Gaur, Member (A) Shri Gulab Singh s/o Shri Inder Singh resident of House No.195 Rajendra Park Extension Nagloi, Delhi 110 041. Applicant (By Advocate: Shri S.K.Tyagi) Versus The Government of National Capital Territory of Delhi (through its Chief Secretary) I.P.Estate, New Secretariat New Delhi. Delhi Subordinate Services Selection Board Govt. of NCT of Delhi FC-18, Institutional Area Karkardooma Delhi 110 032. (through its Principal Officer). Respondents (By Advocate: Mrs. Renu George) O R D E R By V. Ajay Kumar, Member (J):
The applicant filed the present OA seeking the following relief(s):
To Direct the respondents to immediately include the name of the applicant in the list of selected candidates for the post of TGT English and further to appoint him on the said post;
To quash and set-aside the selection process made by the respondents and direct the respondents to prepare a new list of selected candidates after including the name of the applicant.
To allow the OA with cost.
2. The brief facts of the case are that the applicant is an Ex-Serviceman and belongs to SC Community. In pursuance of the Advertisement No.001/2010 (Annexure P1) of the Respondent-DSSSB for filling up of the posts of TGT English, the applicant submitted his application under Ex-Serviceman category. The applicant participated in the selection process and qualified both in the preliminary and subject (English) tests as declared by the respondents vide Annexure P3 - Result Notice - dated 07.03.2011.
3. In spite of the same, when the respondents not issued the appointment orders to the applicant, on enquiry, he came to know that the respondents denied him the selection on the ground of overage whereas one Shri Sita Ram Jangir whose age is more than the applicant was selected.
4. The respondents filed the counter denying the OA averments and submits that the applicant was not selected to the post of TGT English being over-aged.
5. As per the Annexure P1, Advertisement, the Clause pertaining to the age limit, reads as follows:
Age Limit: Below 32 years (relaxable in case of Govt. Servants of Delhi Admn. upto 40 years {45 years for SC/ST employees} and upto 42 years in case of female candidates) Upper Age limit Relaxable for: SC/ST-5 years, OBC-3 years, PH-05 years, PH & SC/ST-10 years, PH & OBC-08 years.
6. The closing date for receipt of application was 15.03.2010 which is the relevant date for calculation of the maximum age limit. The Clause (6) pertaining to the Age Relaxation reads as follows:
(6) AGE RELAXATION Candidates belonging to SC/ST category are eligible for age relaxation up to a maximum of 5 years and candidates belonging to OBC up to a maximum of 3 years. Candidates belonging to categories such as Ex-Servicemen, Physically Handicapped, Government Employees and other special categories are eligible for age relaxation as per the orders of the Government of India issued from time to time. Applicants claiming age relaxation should enclose photo copies of necessary documents in support of such claim duly attested by a Gazetted Officer.
7. The applicant submits that his date of birth is 16.03.1972 and is aged about 38 years as on the relevant date of 15.03.2010. Since the maximum upper age limit is 32 years, he requires a total age relaxation of 6 years. He further submits that being a person belongs to SC category, he gets the age relaxation of 5 years and again since he is an Ex-Serviceman, he gets a further age relaxation of 3 years, i.e., a total of 8 years. Hence, he is well within the maximum upper age limit and denying the selection to him on the ground of overage is untenable and unsustainable.
8. The respondents, in their counter, though not disputed that the applicant belongs to SC Category and an Ex-Serviceman, but submits that he being an Ex-Serviceman entitled for an age relaxation of 5 years since the post of TGT English is a Group `B post but he is not entitled for any age relaxation under SC Category since the applicant being SC of other State. The respondents further submit that Sh. Sita Ram Jangir belongs to OBC category and was selected as per rules and hence, the applicant cannot compare his case with him and cannot challenge his selection.
9. It is to be seen that though the respondents in their counter stated that since the applicant belongs to other State he was not given age relaxation under the SC category, the applicant neither in his rejoinder nor in his oral submissions made at the time of hearing of the OA, contested the said decision of the respondents by advancing any arguments in this regard. Further, though the applicant contended that Shri Sita Ram Jangir was wrongly selected and sought for cancellation of entire selection but not made him as party to the proceedings. The applicant instead of establishing his right to be considered for selection and that he is within the maximum age limit after application of appropriate age relaxation under SC and Ex-Serviceman quotas, objected the selection of Shri Sita Ram Jangir who admittedly was selected under OBC category but not under SC category to which the applicant belongs to. Though the applicant belatedly filed MA No.364/2013 on 14.01.2013 seeking to implead the said Shri Sita Ram Jangir but without pressing for the same, proceeded with the case. In view of what is stated above, even if the said Sita Ram Jangir is made as a party to the OA, it will not alter the entitlement of the applicant.
10. In the circumstances and for the aforesaid reasons, the OA is bereft of merit and is accordingly dismissed. There shall be no order as to costs.
(V. N. Gaur) (V. Ajay Kumar) Member (A) Member (J) /nsnrvak/