Central Administrative Tribunal - Madras
A Malini vs Ut Of Puducherry on 1 March, 2024
1 OAs 310/01031/2023
& batch
CENTRAL ADMINISTRATIVE TRIBUNAL
CHENNAI BENCH
OA/310/01031/2023, 310/01007/2023, 310/01005/2023, 310/01008/2023,
310/01009/2023, 310/01075/2023, 310/01076/2023 310/01077/2023,
310/00092/2024, 310/01078/2022, 310/00994/2023, 310/00984/2023,
310/01012/2023, 310/01011/2023, 310/01013/2023, 310/01024/2023 &
MA 155/2024, 310/01025/2023, 310/01032/2023, 310/01023/2023,
310/01070/2023, 310/01072/2023, 310/01109/2023, 310/01110/2023,
310/01035/2023, 310/01034/2023, 310/01033/2023, 310/01065/2023,
310/01064/2023, 310/01063/2023, 310/01062/2023, 310/01061/2023 &
MA 156/2024, 310/01060/2023, 310/01059/2023, 310/01050/2023 & MA
153/2024, 310/01036/2023, 310/01029/2023, 310/01028/2023,
310/01027/2023 & MA 151/2024, 310/01026/2023
Dated Friday the 1st day of March Two Thousand Twenty Four
CORAM:
HON'BLE MR. MANISH GARG, Member (J)
&
HON'BLE MR. VARUN SINDHU KUL KAUMUDI, Member (A)
OA 1031/2023
1. I.Venketeasan, Son of S. Iyyanar
2. P.Hema, Wife of P.Ilengo
3. C.Kaviarasan, Son of P.Coulasegarane
4. D.Ambika, Daughter of S.Devamani
5. K.Gangappan, Son of K.Kaliyaperumal
6. M.Thamizhvannan, Son of S.Mathivanan
7. K.R.Velmurugan, Son of K.Rethinavelu
8. S.Singaravel, Son of T.Sabapathy
9. A.Anbarasi, Daughter of R. Anbalagan
2 OAs 310/01031/2023
& batch
10. D.Kamala, Daughter of T.Dharmalingam
11. D.Ponmani, Daughter of Devadoss
12. G.Rebeka, Daughter of G.Gnanapregasam
13. R.Jeyappriya, Daughter of P.Rajendhiran
14. P.Sangeetha, Daughter of R.Paramasivam
15. K.Pugazhendhi, Daughter of T.Kaliaperumal
16. R.Keedha, Daughter of L.Rajamanickam
17. P.Parthiban, Son of A.Pavadaisamy
18. G.Suganya, Daughter of S. Gurunathan
19. S.Sridhar, Son of V.Sundaresan
20. T.P.Parimaladevi, Daughter of Thamarai Pugazhendhi
21. R.Kalaivani, Daughter of R.Rajendirane
22. T.Gowrilakshmi, daughter of A.Thandabani
23. M.Ananthi, Daughter of A.Muruganantham
24. A.Kanmani, Daughter of Arikrishnan
25. R.Suganthi, Daughter of Rathinam
26. D.Reka, Daughter of Damodaran ..... Applicants.
By Advocate M/s V. Ajayakumar
Vs.
1. Union of India, rep. by the Government of Puducherry through the
Secretary to Government for Education, Chief Secretariat, Puducherry-605
001.
2. The Director, Directorate of School Education, Perunthalar Kamarajar
3 OAs 310/01031/2023
& batch
Centenary Educational Complex, 100 Feet Road Anna Nagar, Puducherry-
605 005.
3. The Employment Officer, Employment Exchange, Ground Floor,
Labour Department Complex, Gandhi Nagar. Vazhudava Road,
Puducherry-605 009. .... Respondents.
By Advocate Mr. R. Syed Mustafa
OA 1007/2023
Krithiga Sockalingam, D/o. Sockalingam, No. 29, Rajuv Nagar,
Kurumbagaram, Karaikal-609 603. ... Applicant
By Advocate M/s. Prakash Adiapadam
Vs
1. Union of India Represented by The Lieutenant Governor of Puducherry,
Government of UT of Puducherry, Rajnivas, Puducherry-605 001.
2. The Secretary to Government (Education), Government of Puducherry,
Chief Secretariat, Puducherry-605 001.
3. The Under Secretary to Government (School Education), Government
of Puducherry, Chief Secretariat, Puducherry-605 001.
4. The Director, Directorate of School Education, Government of
Puducherry, Perunthalaivar Kamaraj Centenary Educational Complex, 100
Feet Road, Anna Nagar, Pondicherry-605 005.
5. National Council for Teacher Education (NCTE), Represented by
Chairperson, G-7, Sector-10, Dwarka, Near Metro Station, New Delhi -
110075. ... Respondents
By Advocate Mr. R. Syed Mustafa
OA 1005 of 2023
Vidhya. R, D/o. Rajendiran, No. 16, Marie Street, Kottucherry, Karaikal-
609 609. ....Applicant
By Advocate M/s Prakash Adiapadam
4 OAs 310/01031/2023
& batch
1. Union of India Represented by The Lieutenant Governor of Puducherry,
Government of UT of Puducherry, Rajnivas, Puducherry-605 001.
2. The Secretary to Government (Education), Government of Puducherry,
Chief Secretariat, Puducherry-605 001.
3. The Under Secretary to Government (School Education), Government
of Puducherry, Chief Secretariat, Puducherry-605 001.
4. The Director, Directorate of School Education, Government of
Puducherry, Perunthalaivar Kamaraj Centenary Educational Complex, 100
Feet Road, Anna Nagar, Pondicherry-605 005.
5. National Council for Teacher Education (NCTE), Represented by
Chairperson, G-7, Sector-10, Dwarka, Near Metro Station, New Delhi-
110075. ......Respondents
By Advocate Mr. R. Syed Mustafa
OA 1008 of 2023
Sumathi. J, D/o. Jagathisan, No. 42, Kamarajar Salai, Nedungadu,
Karaikal-609 603. ....Applicant
By Advocate M/s Prakash Adiapadam
Vs.
1. Union of India Represented by The Lieutenant Governor of Puducherry,
Government of UT of Puducherry, Rajnivas, Puducherry-605 001.
2. The Secretary to Government (Education), Government of Puducherry,
Chief Secretariat, Puducherry-605 001.
3. The Under Secretary to Government (School Education), Government
of Puducherry, Chief Secretariat, Puducherry-605 001.
4. The Director, Directorate of School Education, Government of
Puducherry, Perunthalaivar Kamaraj Centenary Educational Complex, 100
Feet Road, Anna Nagar, Pondicherry-605 005.
5. National Council for Teacher Education (NCTE), Represented by
5 OAs 310/01031/2023
& batch
Chairperson, G-7, Sector-10, Dwarka, Near Metro Station, New Delhi-
110075. .... Respondents
By Advocate Mr. R. Syed Mustafa
OA 1009/2023
S. Krishnamurthy, S/o. G. Subramani, No. 3, Kamarajar Road Extension,
Shanmugapuram, Puducherry-605 009. .......Applicant
By Advocate M/s Prakash Adiapadam
Vs
1. Union of India Represented by The Lieutenant Governor of Puducherry,
Government of UT of Puducherry, Rajnivas, Puducherry-605 001.
2. The Secretary to Government (Education), Government of Puducherry,
Chief Secretariat, Puducherry-605 001.
3. The Under Secretary to Government (School Education), Government
of Puducherry, Chief Secretariat, Puducherry-605 001.
4. The Director, Directorate of School Education, Government of
Puducherry, Perunthalaivar Kamaraj Centenary Educational Complex, 100
Feet Road, Anna Nagar, Pondicherry-605 005.
5. The Secretary to Government (DP&AR), Department of Personnel
and Administrative Reforms, Government of Puducherry, Chief
Secretariat, Puducherry-605 001. ......Respondents
By Advocate Mr. R. Syed Mustafa
OA 1075 of 2023
Ramya, D/o. Balu, No.75, Kamachi Nagar, Sethur, Ambagarathur (vi),
Karaikal, Puducherry-605 601. ... Applicant
By Advocate M/s Prakash Adiapadam
Vs
1. Union of India Represented by The Lieutenant Governor of Puducherry,
6 OAs 310/01031/2023
& batch
Government of UT of Puducherry, Rajnivas, Puducherry-605 001.
2. The Secretary to Government (Education), Government of Puducherry,
Chief Secretariat, Puducherry-605 001.
3. The Under Secretary to Government (School Education), Government
of Puducherry, Chief Secretariat, Puducherry-605 001.
4. The Director, Directorate of School Education, Government of
Puducherry, Perunthalaivar Kamaraj Centenary Educational Complex, 100
Feet Road, Anna Nagar, Pondicherry-605 005.
5. Deputy Secretary to Government (Labour), Government of Puducherry,
Labour Department, Secretariat, Puducherry.
6. Employment Exchage Officer, District Employment Exchange,
Government of Puducherry, Karaikal, Puducherry. .....Respondents
By Advocate Mr. R. Syed Mustafa
OA 1076/2023
Suganya K.V., D/o. Venkatraman K.V., No. 9, Raja Street, Nedungadu,
Karaikal, Puducherry-605 603. ......Applicant
By Advocate M/s Prakash Adiapadam
-Vs-
1. Union of India Represented by The Lieutenant Governor of Puducherry,
Government of UT of Puducherry, Rajnivas, Puducherry-605 001.
2. The Secretary to Government (Education), Government of Puducherry,
Chief Secretariat, Puducherry-605 001.
3. The Under Secretary to Government (School Education), Government
of Puducherry, Chief Secretariat, Puducherry-605 001.
4. The Director, Directorate of School Education, Government of
Puducherry, Perunthalaivar Kamaraj Centenary Educational Complex, 100
Feet Road, Anna Nagar, Pondicherry-605 005.
5. Deputy Secretary to Government (Labour), Government of Puducherry,
7 OAs 310/01031/2023
& batch
Labour Department, Secretariat, Puducherry.
6. Employment Exchage Officer, District Employment Exchange,
Government of Puducherry, Karaikal, Puducherry. ......Respondents
By Advocate Mr. R. Syed Mustafa
OA 1077/2023
Geetha. K, D/o. Kaliamoothy, No. 64, Mela Kottucherry, Vadamattam,
Kottucherry, Karaikal, Puducherry-605 609.
.....Applicant
By Advocate M/s Prakash Adiapadam
-Vs-
1. Union of India Represented by The Lieutenant Governor of Puducherry,
Government of UT of Puducherry, Rajnivas, Puducherry-605 001.
2. The Secretary to Government (Education), Government of Puducherry,
Chief Secretariat, Puducherry-605 001.
3. The Under Secretary to Government (School Education), Government
of Puducherry, Chief Secretariat, Puducherry-605 001.
4. The Director, Directorate of School Education, Government of
Puducherry, Perunthalaivar Kamaraj Centenary Educational Complex, 100
Feet Road, Anna Nagar, Pondicherry-605 005.
5. Deputy Secretary to Government (Labour), Government of Puducherry,
Labour Department, Secretariat, Puducherry.
6. Employment Exchage Officer, District Employment Echange,
Government of Puducherry, Karaikal, Puducherry.
...... Respondents
By Advocate Mr.R. Syed Mustafa
OA 92/2024
Mrs. Sindhiya, D/o. Murugaiyan, No.07, VOC Street, Kottucherry,
Karaikkal, Puducherry. .... Applicant
8 OAs 310/01031/2023
& batch
By Advocate Mr. K. Anbarasan
Vs
1. The Secretary to Government of Puducherry, Department of Education,
Secretariat, Pudhucherry. 605 001.
2. The Director of School Education, Perunthalivar Kamarajar Centenary
Educational Complex, 100 Feet Road, Anna Nagar, Pudhucherry. 605 005
3. The Employment Officer, District Employment Exchange,
Perunthalaivar Kamaraj, Administrative Complex, Madagadi, Karaikkal
609609. .... Respondents
By Advocate Mr.R. Syed Mustafa
OA 1078/2022
Devana Srinivasa Rao, S/o.Venkateswara Rao, Aged about 33 years,
Residing at D No.1-2-165, Seetharama Nagar, Darialathippa, Yanam-
533464. UT of Puducherry. .... Applicant
By Advocate M/s M. Gnanasekar
Vs
Union of India, Represented by Secretary to Government (Directorate of
Economics and Statistics), Government of Puducherry, Puducherry-605
001. .... Respondent
By Advocate Mr.R. Syed Mustafa
OA 994/2023
1. K.Rajaram, Son of Kasinathan
2. A.Tamizhmani, Son of Anbazhagan
3. S.Ayyanar, Son of Sekar .... Applicants
By Advocate M/s M. Gnanasekar
9 OAs 310/01031/2023
& batch
Vs
1. Union of India, Represented by Secretary to Government (Education),
Government of Puducherry. Puducherry -605 001.
2. The Director, Directorate of School Education, Government of
Puducherry-605005. .... Respondents
By Advocate Mr. R. Syed Mustafa
OA 984/2023
1) A. Malini, aged 36 years/F, W/o. P. Ganesan, No. 51, Moolakadai,
Perambai Road, Villianur, Puducherry-605110.
2) A. Vimala, aged 36 years/F, W/o. M. Arumugam, No. 15, Sudulai Street,
Manaveli, Ariankuppam, Pondicherry.
3) S. Saravanan, aged 35 years/M, S/o. A. Sadhasivam, No. 137, 10th
Cross, Teachers Colony, Aadhikesavan Nagar, Moolakukam, Puducherry -
10.
4) M. Magizhvini, aged 35 years/F, W/o. Asok Kumar, No.6, Mariamman
Koil Street, Arumbarthapuram, Puducherry-605011.
5) A. NadhirhFarveen, aged 35 years/F, W/o. Ameer Batcha, No.7,
Samsudeen Street, Villianur Post, Puducherry-605110.
6) K. Kalaiselvi, aged 37 years/F, W/o. Kaliyaperumal, No.269,
Mangalapuri Nagar, 5th Cross, Teachers Colony, Sendhantham (Post),
Kudupakka, Puducherry-605502.
7) M. Malathi, aged 36 years/F. W/o. R. Velmurugan, No.2, Mela Street,
Chettipet, Koddkur Post, Puducherry-605501.
8) D. Gobal, aged 37 years/M. S/o. M. Dhanabal, No.20, Ambethkar
Nagar, Kothapurinatham, Periyababusamuthiram(post), Puducherry-
605102.
9) R. Vanishri, aged 34 years/F, D/o. B. Ramakrishnan, No.15, 2nd Cross
Street, Ramanar Nagar, Kalitheerthalkuppam, Madhagadipet, Puducherry-
605107.
10 OAs 310/01031/2023
& batch
10) G. Anandhy, aged 34 years/F, W/o. D. Balamurugan, No.69, Pillaiyar
Koil Street, Sellipet& Post, Sellipet, Pudhucherry - 605501.
11) K. Rajeswari, aged 36 years/F, D/o. G. Krishnan, No. 19, Manthaveli
Street, Sooramangalam, Puducherry-605107.
12) G. Gnana Soundari, aged 38 years/F, D/o. I. Gnanamani, No.46, 3rd
Cross Street, Thirukkuralar Nagar, Arumbarthaburam, Puducherry-605110.
13) S. Padmavathi, aged 35 years/F, W/o. Subramani, No. 122, ECR Main
Road, Periyakalapet, Puducherry - 14.
14) S. Suriya, aged 35 years/F, W/o. V.Selvamani, No.1, EzhaiMariamman
Koil Street, VampakeeraPalayam, Puducherry-605001.
15) N. Rajathi, aged 35 years/F, D/o. A. Narayanasamy, No.1, Pudhu
Nagar Street, Ottampalayam, Villianur Post, Puducherry-605 004.
16) V. Vidhya, aged 35 years/F, W/o. V. Venkadesan, No.93, Mudkmarai
Amman Kovil Street, Bharathiburam, Govindasalai, Puducherry-605011.
17) K. Sethulakshmi, aged 35 years/F, D/o. V.Kothandaraman, Plot No. 97
& 98, Sabthagiri Golden City, 3rd Cross Street (left). Velrampet,
Puducherry-605004.
18) C. Kawsalya, aged 33 years/F, D/o. R. Chandira Segaran, No. 168,
Lake Street, Velrampet, Mudaliarpet, Puducherry-04.
19) Y. Sugandhi, aged 36 years/F, D/o. Yoganandan, No.21, Mettu Street,
Pudukuppam, Manapattu, Puducherry.
20) S. Sasikala, aged 36 years/F, D/o. V. Shanmugam, No.9,
Ambalathdayar Madam Street, Puducherry-605001.
21) V Manju, aged 35 years/F. D/o. N. Vetrivel, No. 29, Gurusithananda
Street, Senthamarai Nagar. Muthiyalpet, Puducherry-605003.
22) E. Vengadasalapathy, aged 37 years/M. S/o. M. Ezhumalai, No.2, Main
Road, Thirukanjipet, Villianur, Puducherry-605110.
23) B. Rajalakshmy, aged 36 years/F. W/o. K. Bagavathsingh, No.32,
Vinayagar Koil Street, Ellai Pillai Chavady, Near N.T. Mahal, Puducherry-
605005.
11 OAs 310/01031/2023
& batch
24) R. Sridevi, aged 36 years/F, D/o. V. Rajaram, No. 19,
SoundariambalSannathi Street, Karaikal.
25) G. Deepalakshmi, aged 36 years/F, D/o. P. Govindasamy, No.232,
Kavari Street, Akkaraivattam, Veravy, Karaikal-609604.
26) M. Anitha, aged 35 years/F, D/o. N. Manogaran, No.64, Airport Road,
Muthulingapet, Puducherry-8.
27) M. Anitha, aged 35 years/F. D/o. R. Mahalingam, No.17, Ranga Villas
Thottam, Muthialpet. Puducherry-605003.
281 R. Uma, aged 35 years/F. D/o S. Ramasamy, 2nd Cross Rawaran Nagar,
Nonankuppam, Puducherry 005007.
20) A. Yasmin, aged 35 years/V. D/o. Ali Ahamed, No.56, Kamaraj Balai,
Pooranankuppam Road, Puducherry.
30) 8. Kanimozhi, aged 36 years/F, D/o. V. Santhanam, No.3, Swaminatha
Pillai Street, Mudaliarpet, Puducherry-4.
31) A. Lalitha, aged 35 years/F. D/o. N. Arulmurugan, No.9, Mullai Nagar,
2nd Cross, Orleanpet, Puducherry.
...Applicants
By Advocate M/s S. Meenakshi
Vs
1. The Chief Secretary to the Government, Government of Puducherry,
Secretariat, Puducherry-605 001.
2. The Secretary to the Lieutenant Governor, Rajbhavan, No.4, St Martin
Street, White Town, Puducherry-605001.
3. The Director of School Education, Government of Puducherry,
Directorate of Puducherry, Perunthalaivar Kamarajar Centenary
Educational Complex, 100 Feet Road, Anna Nagar, Puducherry-605 005.
.... Respondents
By Advocate Mr. R. Syed Mustafa
12 OAs 310/01031/2023
& batch
OA 1012/2023
K. Sujatha, W/o. S. Pannirdasse, Aged about 43 years, Residing at No.207,
LIG, 5th Cross Housing Board, Kurumbapet, Puducherry-605 009.
... Applicant
By Advocate M/s M. Gnanasekar
Vs
1. Union of India, Rep. by Secretary to Government (Education),
Government of Puducherry. Puducherry -605 001.
2. The Director, Directorate of School Education, Government of
Puducherry.
... Respondents
By Advocate Mr. R. Syed Mustafa
OA 1011/2023
U. Subathra, W/o. M. A. Senthilkumar, Aged about 32 years, Residing at
No 68, Bharathidassan Street, Radhakrishnan Nagar, Aiyankuppam,
Puducherry-605 007. ... Applicant
By Advocate M/s M. Gnanasekar
Vs
1. Union of India, Rep. by Secretary to Government (Education),
Government of Puducherry, Puducherry-605 001.
2. The Director, Directorate of School Education, Government of
Puducherry.
... Respondents
By Advocate Mr. R. Syed Mustafa
13 OAs 310/01031/2023
& batch
OA 1013/2023
1. V. Neelaveni W/o. Kudrelazagan, Aged about 35 years, Residing at
No.81, Marutham Street, Bharathi Nagar, Ariyankuppam, Puducherry-605
007.
2. S. Jancyrani, W/o. M. Karthikeyan, Aged about 37 years, Residing at
No.99, Veerampattinam Road, Ariyankuppam, Puducherry - 605 007.
3. R. Devika, W/o. A. Lokeshmaran Aged about 37 years, Residing at
No.115, 116, 8th Cross, Aravindar Nagar, Murungapakkam, Puducherry-
605 004.
4. V. Nithya, W/o. A. Arivusudar, Aged about 36 years, Residing at No.84,
Abdul Kalam Street, Soniya Gandhi Nagar, Shanmugapuram, Puducherry-
605 009. ....Applicants
By Advocate M/s M. Gnanasekar
Vs
1. Union of India, Rep. by Secretary to Government (Education),
Government of Puducherry, Puducherry-605 001.
2. The Director, Directorate of School Education, Government of
Puducherry.
.... Respondents
By Advocate Mr. R. Syed Mustafa
OA 1024/2023
1. S. Dhanalakshmi, W/o. K. Muruganantham, Aged about 40 years,
Residing at No.59, Subramaniyar Koil Street, Pethuchettipet, Lawspet
Post, Puducherry - 605 008.
2. P. Sudanthira Baliga D/o. Ponnusamy, Aged about 35 years, Residing at
No.43, Main Road, Thennangudy, Sellur, Karaikal, Puducherry-609 607.
3. A. Saraswathy, W/o. Rajasekar, Aged about 36 years, Residing at
No.333, Gandhi Veethi, Gandhi Thirunallur, Puducherry-605 009.
4. M. Priya, W/o.J. Karthick, Aged about 37 years, Residing at No.10, 1st
14 OAs 310/01031/2023
& batch
Cross Street, Vazhthavur Main Road, Kurumbapet, Puducherry - 605 009.
5. C. Induja, D/o. Candassamy, Aged about 37 years, Residing at No.33,
2nd Cross, Mariyam Nagar, Karaikal Post, Puducherry-609 602.
By Advocate M/s M. Gnanasekar
Vs
1. Union of India, Rep. by The Secretary to Government (Education),
Government of Puducherry, Chief Secretariat, Puducherry -605 001.
2. The Director, Directorate of School Education, Government of
Puducherry.
... Respondents
By Advocate Mr. R. Syed Mustafa
OA 1025/2023
D. Chitra. W/o. Vengetraman, Residing at No.55, Kavarai Street,
Akkaraivattam, Neravy Post, Karaikal-609 604. ... Applicant
By Advocate M/s M. Gnanasekar
Vs
1 Union of India, Rep. by Secretary to Government (Education),
Government of Puducherry, Puducherry -605 001.
2. The Director, Directorate of School Education, Government of
Puducherry.
... Respondents
By Advocate Mr. R. Syed Mustafa
OA 1110/2023
C.Sathya Priya, Wife of Sendhilkumar, Hindu, aged 38 years, residing at
No.6, Kurinji Nagar, Irulanchandai Madura, Kuruvinatham Post, Bahour,
Puducherry-607 402. ... Applicant.
By Advocate M/s V. Ajayakumar
15 OAs 310/01031/2023
& batch
Vs.
1. Union of India, rept. by the Government of Puducherry through the
Secretary to Government for Education, Chief Secretariat, Puducherry -
605 001.
2. The Director, Directorate of School Education, Perunthalaivar
Kamarajar Centenary Educational Complex, 100 Feet Road, Anna Nagar,
Puducherry-605 005.
3. The Employment Officer, Employment Exchange, Ground Floor,
Labour Department Complex, Gandhi Nagar, Vazhudavur Road,
Puducherry-605 009. ... Respondents.
By Advocate Mr. R. Syed Mustaa
OA 1023/2023
1. S. Kanmani, D/o. Sekar
2. R. Nathia, W/o. Ezhilarasan
3. P. Rajeswari, D'o. Pavadai
4. M. Nirmala Devi, D/o. N. Murugan
5. G. Anbarasi, W/o. Gnanavel
6. P. Senthil Nayagi, W/o. C. Sathishkumar
7. V. Manimegalai, W/o. Savoundiraradjane
8.R. Rajeswari, Do. E. Ramalingam
9. S. Buvanadevi, W/o. U. Gunasekara
10. Poonkuzhali, W/o. Balou ...Applicants
By Advocate M/s M. Gnanasekar
Vs.
1. Union of India, Rep. by The Secretary to Government (Education),
16 OAs 310/01031/2023
& batch
Government of Puducherry, Chief Secretariat, Puducherry -605 001.
2. The Director, Directorate of School Education, Government of
Puducherry.
.... Respondents
By Advocate Mr. R. Syed Mustafa
OA 1070/2023
1. C. Mugilarasi, D/o. Chakravathy, No.13 Pillayar Kovil street
Madagadipet Puducherry-605107
2. M. Aswini, Murugan, No.49, Mariamman Kovil Street, Korivalimedu
Manapet Post, Puducherry-607402
3. S.Kathikeyan, Sankaran, No.12, First Cross, Poongodiburam, Manavely.
Puducherry-605 110. ... Applicants
By Advocate M/s B. Balavijayan
Vs
1. The Union of India, Represented by Secretary to Government
(Education), Government of Puducherry, Puducherry-605 001.
2. The Director, Directorate of School Education, Government of
Puducherry, Puducherry-605 005. ....Respondents
By Advocate Mr. R. Syed Mustafa
OA 1072/2023
S.Deebica Wife of Pravin Kumar, Aged about 35 years, Residing at No.4,
Subbiah Street, Indra Nagar, Mudaliarpet, Puducherry - 605 004.
...Applicant
By Advocate M/s T. Saikrishnan
-Vs-
1. The Union of India represented by The Chief Secretary to Government,
Government of Puducherry, Puducherry 605 001.
17 OAs 310/01031/2023
& batch
2. The Secretary to Government, Education Department, Government of
Puducherry, Puducherry-605001
3. The Director of School Education, Education Department, Government
of Puducherry, Puducherry- 605 001. .....Respondents
By Advocate Mr. R. Syed Mustafa
OA 1109/2023
K.Kanniamma, Wife of Krishnamurthy, Hindu, aged 38 years, residing at
No.102, Kalyanamandapa Street, Sooramangalam Pet, Pallineliyanur Post,
Puducherry-605 107. ... Applicant.
By Advocate M/s V. Ajayakumar
Vs.
1. Union of India, rept. by the Government of Puducherry through the
Secretary to Government for Education, Chief Secretariat, Puducherry -
605 001.
2. The Director, Directorate of School Education, Perunthalaivar
Kamarajar Centenary Educational Complex, 100 Feet Road, Anna Nagar,
Puducherry-605 005.
3. The Employment Officer, Employment Exchange, Ground Floor,
Labour Department Complex, Gandhi Nagar, Vazhudavur Road,
Puducherry-605 009. ... Respondents
By Advocate Mr. R. Syed Mustafa
OA 1035 of 2023
1. S.Karthikeyan, S/o. P.Sankaran, No.12, First Cross, Poongodiburam,
Manavely. Puducherry-605 110.
2. G. Karthikeyan S/o. K.Gandhi Plot no.11, Shanmuga Nagar Main Road,
Karuvadikuppam, Puducherry-605008
3. K.Rajeswari S/o. K.Kaliyaperumal, No.27 Subburaya Pillai Street,
(Extn) Ariyankuppam, Puducherry-605007
18 OAs 310/01031/2023
& batch
4. K.Rajaram, S/o.Kasinathan, No.9, Kopdiswamy Nagar, Nettapakkam,
Pondicherry-605 106. ...Applicants
By Advocate M/s. B. Balavijayan
Vs
1. The Union of India, Represented by Secretary to Government
(Education), Government of Puducherry, Puducherry-605 001.
2. The Director, Directorate of School Education, Government of
Puducherry, Puducherry-605 005. ....Respondents
By Advocate Mr. R. Syed Mustafa
OA 1034/2023
1. K.Jaisaranya, D/o. Krishnamoorthy
2. K.Kalaivani D/o.R.Kaliappan
3. P. Sindhuja D/o. Pakkirisamy
4. R. Devi Dlo. V. Raju
5. R.M.Hemalatha D/o. N.Ramasamy
6. A. Revathi D/o. Adhimoolam
7. V. Vinoth S/o. Veeramuthu
8. T.Sarojini D/o. Thanigasalam
9. R.Visalatchi D/o. Raja
10. K.Rukkumani D/o. P.Kaliyamoorthy
11. N. Saranya D/o, S.Nadanarajan
12. R. Ilavarasi D/o. S.RajaramM No. 6 Bhavani Nagar Veerampattinam
Ariyankuppam Puducherry-605007
19 OAs 310/01031/2023
& batch
13. Kamaldeen. A. S
14. R.Jayapriya D/o. Rajaraam
15. K. Usha, D/o. Kaliaperumal
16. G.Kothanaayaki D/o. S.Gunasekar
17. T.Jayanthi. D/o. Thanikachalam
18. M. Usha D/o. V. Murthy
19. X. Charles Jayaseelan Santhana, S/o Santhana Xavier
20. S. Sridevi D/o. Sekar ... Applicants
By Advocate Mr. B. Balavijayan
Vs
1. The Union of India, Represented by Secretary to Government
(Education), Government of Puducherry, Puducherry-605 001.
2. The Director, Directorate of School Education, Government of
Puducherry, Puducherry-605 005. ....Respondents
By Advocate Mr. R. Syed Mustafa
OA 1033/2023
1. T. Sandhiralega D/o. M.Thangaraj No. 22 South Street, Ariyapalayam,
Villianur, Puducherry
2. D.Ramachandiran, S/o. R.Devendiran No.14, Mettu Streets,
Uthiravaginipet, Villianur, Puducherry-605 110
3. S.Mugilarasi, S/o. Sakravarthy, No.13 Pillayar Kovil street Madagadipet
Puducherry-605107.
4. K. Kumar S/o. Kamaraj No.28 Vaikkal Street, Pangur, Puducherry 605
102
20 OAs 310/01031/2023
& batch
5. V. Dhivya, D/o. Vaithinathan, No.7, Saibaba street, Thilaspet,
Puducherry-605009. .... Applicants
By Advocate M/s B. Balavijayan
Vs.
1. The Union of India, Represented by Secretary to Government
(Education), Government of Puducherry, Puducherry-605 001.
2. The Director, Directorate of School Education, Government of
Puducherry, Puducherry-605 005. ... Respondents
By Advocate Mr. R. Syed Mustafa
OA 1032/2023
1. P.Suganya D/o. Palanisamy No.7, 1st Cross Main Road, Aravindar
Nagar, Murungapakkam, Puducherry-605004.
2. S. Nishandhini D/o. Rajamanickam No.17, 5th Cross Street, Sakthi
Nagar, Saram, Puducherry-605013.
3. G.Sathya. D/o. Gejendiren No 78, Kamban Street RK.nagar
Ariyankuppam Puducherry 605007
4. R. Rajasekari D/o. R. Rajendiran No.44, Salai Street, Muthialpet,
Puducherry-605 003. .... Applicants
By Advocate M/s B. Balavijayan
Vs
1. The Union of India, Represented by Secretary to Government
(Education), Government of Puducherry, Puducherry-605 001.
2. The Director, Directorate of School Education, Government of
Puducherry, Puducherry-605 005. ....Respondents
By Advocate Mr. R. Syed Mustafa
OA 1026/2023
21 OAs 310/01031/2023
& batch
1. V. Saroja, D/o. N. Vadivel, Aged about 37 years, Residing at LIG-218,
Housing Board Complex, 5th Cross Street, Kurumbapet, Puducherry - 605
009.
2. S. Alli Rani, W/o. D. Senthilkumar, Aged about 38 years, Residing at
No.58, 3rd Cross Street, Thirumal Nagar, Othiampet, Puducherry - 605
010. ... Applicants
By Advocate M/s M. Gnanasekar
Vs.
1. Union of India, Rep. by The Secretary to Government (Education),
Government of Puducherry, Chief Secretariat, Puducherry -605 001.
2. The Director, Directorate of School Education, Government of
Puducherry. ... Respondents
By Advocate Mr.R. Syed Mustafa
OA 1027/2023
1. R. Gomathi D/o. Rathinavel
2. N. Suguna, W/o. Siavakumar
3. P.V. Sumina, W/o. A.Sajesh
4. B. Hemavathy, D/o: Palanisamy ... Applicants
By Advocate M/s M. Gnanasekar
Vs
1. The Union of India, Represented by the Secretary to Government
(Education), Government of Puducherry, Chief Secretariat, Puducherry-
605 001.
2. The Director, Directorate of School Education, Government of
Puducherry, Puducherry-605 005. ....Respondents
By Advocate Mr. R. Syed Mustafa
22 OAs 310/01031/2023
& batch
OA 1028/2023
A. Vinnarasi, D/o. Arikrishnan, Aged about 40 years, Residing at No.67,
Balamurugan Street, Isravel Nagar, Gorimedu, Dhanvantry Nagar,
Puducherry-605 006. .... Applicant
By Advocate M/s M. Gnanasekar
Vs.
1. Union of India, Rep. by Secretary to Government (Education),
Government of Puducherry, Puducherry-605 001.
2. The Director Directorate of School Education, Government of
Puducherry. ... Respondents
By Advocate Mr. R. Syed Mustafa
OA 1029/2023
1. R. Gayathry D/o. Ramamorthy, Aged about 38 years, Residing at No.13,
2nd Street, Pudhu Nagar-1, Kanuvapet, Villianur, Pondicherry-605 010.
2. V.Ezhilarasi, D/o. Vijayaragavan, Aged about 34 years, Residing at No.3
Kurinji Veethi Muthu Mudaliyar Nagar, Thavalakuppam Pondicherry - 605
007.
3. R. Vanishri D/o. B Ramakrishnan, Aged about 34 years, Residing at
Ramanar Nagar, 2nd Cross Street, Kalitheerthalkuppam, Madugadipet,
Puducherry-605 107. .... Applicants
By Advocate M/s M. Gnanasekar
Vs.
1. Union of India, Rep. by The Secretary to Government (Education),
Government of Puducherry, Chief Secretariat, Puducherry -605 001.
2. The Director, Directorate of School Education, Government of
Puducherry. ... Respondents
By Advocate Mr. R. Syed Mustafa
23 OAs 310/01031/2023
& batch
OA 1036/2023
G.Kalaiselvi, W/o. Mr.Ananthan, Plot No.107, 108, Fourth Cross,
Saraswathi Garden, Murugapakkam, Mudaliarpet, Puducherry - 605 004.
...Applicant
By Advocate M/s J. Rajmohan
Vs
1. Union of India, Rep. by Secretary to Government (Education),
Government of Puducherry, Puducherry -605 001.
2. The Director, Directorate of School Education, Perunthalaivar
Kamarajar Centenary Educational Complex, 100 Feet Road, Anna Nagar,
Puducherry-605 005. .... Respondents
By Advocate Mr. R. Syed Mustafa
OA 1050/2023
1. K. Gayathri, D/o. Kalidas, Aged about 35 years, Residing at No.10,
Nehru Nagar, New Bridge, Orleampet, Puducherry - 605 011.
2. C. Thilagavathy, W/o. Dharmadurai, Aged about 37 years, Residing at
No.25, Aarani Street, Veeravanji Nagar, Villianur, Puducherry-605 110.
....Applicants
By Advocate M/s M. Gnanasekar
Vs.
1. Union of India, Rep. by The Secretary to Government (Education),
Government of Puducherry, Chief Secretariat, Puducherry-605 001.
2. The Director, Directorate of School Education, Government of
Puducherry. .... Respondents
By Advocate Mr.R. Syed Mustafa
OA 1059/2023
24 OAs 310/01031/2023
& batch
1. S. Madhuni, Aged 38 years, D/o. E. Sivabushanam, No.1,
Subbaiyanagar, Kudierupupalayam, Seliamedu (Post), Bahour (Via),
Puducherry-607 402.
2. P.Pajaniammalle, Aged 38 years, D/o Pandurangan, No.10, Pudhu
Colony, Sarkasimedu, Puducherry-607 402. ... Applicants
By Advocate M/s. J. Rajmohan
Vs
1. Union of India, Rep. by Secretary to Government (Education),
Government of Puducherry, Puducherry-605 001.
2. The Director, Directorate of School Education, Perunthalaivar
Kamarajar Centenary Educational Comp 100 Feet Road, Anna Nagar,
Puducherry-605 005. ... Respondents
By Advocate Mr.R. Syed Mustafa
OA 1060/2023
1. K. Ponni D/o.Kannan, Aged about 35 years, Residing at No.9,
Shrikumaran Nagar, 1st Cross, Mudaliyarpet, Puducherry - 605 004.
2. P. Rajalakshmi, D/o. N. Pandian, Aged about 36 years, Residing at
No.23, Police Lane, Mudaliarpet, Puducherry - 605 004. ... Applicants
By Advocate M/s M. Gnanasekar
Vs.
1. Union of India, Rep. by The Secretary to Government (Education),
Government of Puducherry, Chief Secretariat, Puducherry -605 001.
2. The Director, Directorate of School Education, Government of
Puducherry. .... Respondents
By Advocate Mr. R. Syed Mustafa
OA 1061/2023
25 OAs 310/01031/2023
& batch
1. D.Manjula W/o. B.Karthikeyan
2. S.Durga, D/o. Shanmugam
3. A.Sofia
4. T. Bakkilakshmi, D/o. Thirugnanasundaram
5. B. Balambal, D/o. Balu ... Applicants
By Advocate M/s G. Mohan and B.K. Karthikeyan
Vs.
1. The Union Of India, Secretary to Government (Education) Government
of Puducherry, Puducherry.
2. The Director, Directorate of School Education, Government of
Puducherry, Puducherry. ... Respondents
By Advocate Mr. R. Syed Mustafa
OA 1062/2023
1. P. Boomadevi, W/o. Chandrasekar, Aged about 34 years, Residing at
No.17, Villianur Main Road, Embalam, Puducherry - 605 106.
2. A. Maheswari, D/o. S. Arumugam, Aged about 40 years, Residing at
No.3, Anna Street, Indira Nagar, Mudaliarpet, Puducherry - 605 004.
3. J. Pramila, D/o. Jayaraman, Aged about 39 years, Residing at No. 19,
Valluvar Street, Embalam, Puducherry-605 106. ... Applicants
By Advocate M/s M. Gnanasekar
Vs.
1. Union of India, Rep. by The Secretary to Government (Education),
Government of Puducherry, Chief Secretariat, Puducherry -605 001.
2. The Director, Directorate of School Education, Government of
Puducherry. .. Respondents
By Advocate Mr. R. Syed Mustafa
26 OAs 310/01031/2023
& batch
OA 1063/2023
K. Sathiya W/o. Arumugam, Aged about 35 years, Residing at No.16,
Pudunagar, Iyyanar Koil Street, Korkadu Post, Puducherry - 605 110.
... Applicant
By Advocate M/s M. Gnanasekar
Vs.
1. Union of India, Rep. by Secretary to Government (Education),
Government of Puducherry, Puducherry -605 001.
2. The Director, Directorate of School Education, Government of
Puducherry. ... Respondents
By Advocate Mr. R Syed Mustafa
OA 1064/2023
1. K. Periyanayagi W/o. Muthukrishnan, Aged about 37 years, Residing at
No. 16, 2nd Cross Street, Bhavani Nagar, Veerampattinam, Ariyankuppam,
Puducherry-605 007.
2. Hemalatha, W/o. Karunakaran, Aged about 34 years, Residing at No.5,
V.T.C. Street, Thirubuvanai, Puducherry-605 107. ... Applicants
By Advocate M/s M Gnanasekar
Vs.
1. Union of India, Rep. by The Secretary to Government (Education),
Government of Puducherry, Chief Secretariat, Puducherry-605 001.-
2. The Director, Directorate of School Education, Government of
Puducherry. ... Respondents
By Advocate Mr.R. Syed Mustafa
OA 1065/2023
27 OAs 310/01031/2023
& batch
R. Sivasankar, S/o. Ranganathan, Aged about 43 years, Residing at No.34,
Mariamman Koil Street, Thondamanatham Post, Ramanthapuram District
Puducherry-605 502. .... Applicant
By Advocate M/s M. Gnanasekar
Vs.
1. Union of India, Rep. by Secretary to Government (Education),
Government of Puducherry, Puducherry -605 001.
2. The Director, Directorate of School Education, Government of
Puducherry. .... Respondents
By Advocate Mr. R. Syed Mustafa
28 OAs 310/01031/2023
& batch
ORDER
(Pronounced by Hon'ble Mr. Manish Garg, Member(J))
1. The present case pertains to the applicants who have been considered to be over-aged and are seeking age relaxation in terms of the notification and the relevant rules.
2. With the consent of the counsels for the parties, OA 1031/2023 is treated as the lead case for disposal of the connected OAs.
3. The matter was taken up for hearing at the initial stage on 21.11.2023 by this Tribunal wherein it was recorded as under:
"In view of the submission made by the parties, with limited relief, the respondents are directed to consider the offline applications submitted by the applicants in the OA and allow them to participate in the said selection process. However, the result will be kept in the sealed cover. "
4. From the above, it is clear that the respondents were directed to consider the offline applications submitted by the applicants and the applicants were allowed to participate in the selection process. 4.1 However, the results were to be kept in a sealed cover. It is not in dispute that all the applicants have applied pursuant to the notification, dated 06.11.2023.
4.2 Learned counsel for the applicant submits that there are 2 categories of people who approached this Tribunal and got the interim order and were 29 OAs 310/01031/2023 & batch allowed to fill the applications offline and other candidates were also allowed to fill the offline application forms. However, the learned counsel for the applicant submits that even though applications have been received, they have not been processed till date.
4.3 Now, it is not in dispute that, initially, the examination was conducted by the respondents on 05.09.2013 and, thereafter, in the year 2015.
4.4 It is the case of the applicants that in the year 2015 they were not eligible, as per the terms and conditions, and could not participate in the selection, even though they were within the age limit. 4.5 Further, the applicants herein have become over-aged between the period from 2015 till the present notification which has been initiated after a period of more than 8 years. And, thus, they have been deprived of their legitimate right to seek employment.
4.6 Learned counsel for the applicants draws attention to the G.O., dated 24.08.1983, where the upper age limit was 30 years and age relaxation of 5 years was given. Learned counsel for the applicant draws attention to Clause C of the said notification, which is reproduced as under:
"...c) Over-aged candidates up to 35 years in respect of teaching/professional/technical posts if such candidates are having specific experience in the concerned speciality in the institutions run by the Government or recognised by the 30 OAs 310/01031/2023 & batch Government. "
4.7 Thereafter, in the year 1992, the decision was considered by the competent authority and again it was reissued and the said extension was also granted.
4.8 The instant OA(s) pertains to notification, dated 06.11.2023, issued by the respondents for direct recruitment to the post of Primary School Teacher 2023. The last date for submission of the said online application was 20.11.2023 at 5.45 pm. The total number of requirements (subject to change) is 145 vacancies. The eligibility condition and age limit are prescribed in the notification as per the Recruitment Rules and terms and conditions were at I and II of the notification, which reads as under:
"II. AGE LIMIT The applicants shall be between 18 and 32 years of age as on 20.11.2023 which is the last date for submission of online application. Age limit is relax able for MBC, OBC, EBC, BCM, BT, SC, ST, Persons with Benchmark Disability, Ex-servicemen(XSM) & Commissioned Officers, Disabled Defence service personnel, Widows/ Divorced Women / Women judicially separated from their husbands & who are not re-married and In-service applicant, as detailed below.
Category Relaxation
of Upper
Age Limit *
OBC/MBC/EBC/BCM/ 3 years
BT
SC/ST 5 years
* Requirement of Age for candidates belonging to various categories are given in the Part-III of this Notification."
31 OAs 310/01031/2023 & batch 4.9 Learned counsel would draw attention to GO Ms. No. 50, issued on 29.07.2022, which reads as under:
"O R D E R:
The direct recruitment proposed to be conducted by various Departments in the Government of Puducherry could not be conducted in the recent past due to COVID-19 pandemic. In the meantime, many aspiring candidates have become over and they could not apply for direct recruitment to be notified in the near future. Hence, there have been requests from various quarters to relax the upper age limit for direct recruitment to be notified by various Departments.
2 After careful consideration of the request, the Lieutenant-Governor, Puducherry is pleased to grant relaxation of upper age limit by two years over and above the upper age limit prescribed in the relevant Recruitment Rules, as a onetime measure, for direct recruitment of all Group 'C' posts to be notified by the Departments concerned. This relaxation shall be applicable for the first direct recruitment to be made for each cadre by the Departments concerned after the issue of the GO. or it will be in force until the recruitment year 2023-24, whichever is earlier. The Departments have to follow the other conditions prescribed by the Finance Department before notifying the vacancies with the onetime relaxation. The age relaxation available to various categories shall also be applicable over and above the relaxation now given."
32 OAs 310/01031/2023 & batch 4.10 The applicant in OA 1031/2023 would submit that if this relaxation is extended to the present applicants, ie Group 'B", the issue will be automatically resolved as the applicants herein will be entitled to 2 years' age relaxation, over and above the relaxation already prescribed 4.11 The learned counsel for the applicant would state that no reasonable classification has been done as the respondents have created a class within class without any rationale or logic behind it to contend that it is confined to Group C. 4.12 It is not in dispute the applicants are seeking employment for Group B post. He would further add and state that the respondents cannot deny the benefit of the said G.O. to the applicants raising the ground that the post of Primary School Teacher is now categorized as Group 'B' and so the benefit of the above G.O. is not available and the same is not legally sustainable because the respondents are not entitled to make such a classification which will amount to a clear case of discrimination since the respondents cannot classify the candidates who are aspiring for Group 'C' post and the other category of candidates who are aspiring for appointment to Group 'B' post which is most arbitrary and strikes at the very root of Article 14 of the Constitution and so is a clear case of violation of Article 14 of the Constitution of India because it is a declared law that when a classification is made, it should have rational nexus with the object sought to be achieved through the classification. A perusal of the G.O. clearly 33 OAs 310/01031/2023 & batch reveals that the object, which is meant to be achieved, is to grant age relaxation up to a period of 2 years in view of the fact that direct recruitment could not be conducted due to Covid Pandemic. As already submitted, the last notification was issued by the respondents in 2015 and, subsequently, direct recruitment was not conducted. Now, the classification which is made by the respondents in the G.O. as Group 'C' and Group 'B' is not justifiable, in view of the object which is to be achieved through the said G.O., because each and every individual was affected by the Pandemic irrespective of the classification of the posts as Class 'C' and Class 'B' and, hence, the classification which the respondents may raise is violative of Article 14 of the Constitution of India and, hence, the applicants are also entitled to get the benefit of 2 years' age relaxation, since the same has been extended to all the recruitment(s) up to 2023- 2024.
4.13 It is has been further submitted that most of the applicants also represented seeking age relaxation which has to be considered on a case to case basis in a holistic manner, and also keeping in view the fact that for 8 years no recruitment has taken place. The learned counsel for the applicant does not dispute the fact that the terms and conditions of the advertisement and the the eligibility have to be determined as per the Recruitment Rules 4.14 It is not in dispute that the applicants are not claiming appointment as a matter of right, but what they are claiming is the right to be considered 34 OAs 310/01031/2023 & batch for appointment, keeping in view the peculiar situation which has arisen due to non holding of direct recruitment for almost 8 years because of which the applicants herein have lost valuable time and chance to seek appointment.
4.15 He would, finally, conclude that, if the aforesaid notification of 1983 is taken in a holistic manner, as per their own guidelines, if no recruitment is held for the past 5 years, automatically, the applicants will secure a chance of participation. They do not dispute nevertheless that selection is only on the basis of merit.
4.16 He would further submit that the COVID situation also has to be taken into consideration while considering the present matter. OA 1007/2023 4.17 Learned counsel for the applicant in OA 1007/2023, in addition to the points urged by the learned counsel, Shri. V. Ajayakumar, would draw attention to the Recruitment Rules for the post of Primary School Teacher 2003 and submit that classification of General Central Services Group 'C', Non-Gazetted, Non-Ministerial, was in respect to Primary School Teacher. He would contend that nothing has been produced on record whether the post of Primary School Teacher in Group B Non-Gazetted, as the said Rules which are quoted have never been amended so far. The 2003 Recruitment Rules are still in force.
35 OAs 310/01031/2023 & batch 4.18 In the OA, he challenges the method of selection and arriving at a merit position. He would contend that Teacher Eligibility Test examination came into force under the purview of the Right to Education Act. He would draw reference to Section 23 of the Act, which reads as under:
"the Right of Children to Free and Compulsory Education Act, 2009, (hereinafter often in short termed/referred as Act) which came into effect from 27- 08-2009. The Section 23 of the said Act stipulates the qualification for appointment and terms and conditions of service of Teachers. And Sub Section (1) of Section 23 states that any person possessing such minimum qualifications, as laid down by an Academic Authority, authorized by the Central Government, by Notification, shall be eligible for appointment as a Teacher. In pursuance of the said provision, the Central Government Authorized the National Council for Teacher Education (hereinafter often in short termed/referred as NCTE) as the Academic Authority empowering it to lay down the minimum qualifications for appointment as Teacher. Thus, NCTE, in turn, issued a Notification vide F. No. 61-03/20/2010/NCTE (N&S) dated 23-08-2010 prescribing minimum educational qualifications for a person to be eligible for appointment as Teacher in Class I to VIII. As per the said Notification the TET (Teacher Eligibility Test) is mandatory for Teacher taking classes from I to VIII standard."
4.19 The argument of the learned counsel for the applicant is that this selection process on merit being arrived at is dehors NCTE. He would draw reference to the employment notification 2013 wherein the method of selection was as under:
"Method of Selection There shall be 100 marks for selection. 85% shall be 36 OAs 310/01031/2023 & batch for marks obtained in qualifying examinations and 15% for Employment Exchange seniority. The 85% marks shall be calculated based on the weighted average of marks obtained by the candidates in Higher Secondary and Diploma in Teacher Education as follows:
(i) For every additional attempt made in passing the Higher Secondary, five percentage of marks will be deducted from the overall marks obtained by the candidate
(ii) For every additional attempt made in passing the Diploma in Teacher Education, five percentage of marks will be deducted from the overall marks obtained by the candidates.
(iii) Even if the candidate acquired the qualification within the stipulated period of the course, but made additional attempt(s), 5 percentage of marks will be deducted for every additional attempt(s) made within that period.
(iv) Attempts made for improvement of marks will also be considered as an additional attempt for the purpose of deduction of marks.
(v) After deduction of marks for additional attempts as aforesaid, net marks obtained in Higher Secondary and the net marks obtained in Diploma in Teacher Education will be added and then divided by the aggregate of the maximum marks in Higher Secondary and Diploma in Teacher Education
(vi) Thereafter will be converted to a maximum of 85%
(vii) In the case of certificates having grading only where no marks are available, the mid- value will be taken into account to arrive the percentage of marks after which deduction shall be made for additional attempts if any as aforesaid
(viii) In the case of certificates having points to the maximum of ten, the points may be converted to hundred to arrive the marks after which deduction shall be made for additional attempts if any as aforesaid."
4.20 He would further argue that in 2015 notification for the same post 37 OAs 310/01031/2023 & batch method of selection is as under:
"There shall be 100 marks for selection. 85% shall be for marks obtained in qualifying examinations and 15% for Employment Exchange seniority. The 85% marks shall be calculated based on the weighted average of marks obtained by the candidates in Higher Secondary and Diploma in Teacher Education as follows:
(i) For every additional attempt made in passing the Higher Secondary, five percentage of marks will be deducted from the overall marks obtained by the candidate
(ii) For every additional attempt made in passing the Diploma in Teacher Education, five percentage of marks will be deducted from the overall marks obtained by the candidate.
(iii) Even if the candidate acquired the qualification within the stipulated period of the course, but made additional attempt(s), 5 percentage of marks will be deducted for every additional attempt(s) made within that period.
(iv) Attempts made for improvement of marks will also be considered as an additional attempt for the purpose of deduction of marks.
(v) After deduction of marks for additional attempts as aforesaid, net marks obtained in Higher Secondary and the net marks obtained in Diploma in Teacher Education will be added and then divided by the aggregate of the maximum marks in Higher Secondary and Diploma in Teacher Education.
(v) Thereafter, it will be converted to a maximum of 65%.
(vi) In the case of certificates having grading only where no marks are available, the mid-value will be taken into account to arrive the percentage of marks after which deduction shall be made for additional attempts if any as aforesaid.
(vii) In the case of certificates having points to the maximum of ten, the points may be converted to
38 OAs 310/01031/2023 & batch hundred to arrive the marks after which deduction shall be made for additional attempts if any as aforesaid."
In addition to the academic marks computed as said above, weight-age shall be given to the seniority in Employment Exchange at the rate of 1.5 marks for every completed year of registration in the Union Territory of Puducherry. The maximum marks shall be 15 at the rate of 1.5 marks per year for ten years to be counted backwards from the last date for receipt of application. While computing the marks, the seniority should be reckoned from the date of registration of D.T.Ed. There will be no marks for periods less than a year."
4.21 He would further argue that the clarification was issued by the respondents authorities wherein change of method of selection was issued vide GO Ms. No. 32, dated 08.12.2016, which reads as under:
"Mode of Selection The mode of selection of various cadres of teaching and non-teaching staff through Direct Recruitment in the Directorate of School Education against the existing vacancies and future vacancies shall be as indicated below:-
1) for the post of Primary School Teacher and Trained Graduate Teacher for which pass in Teacher Eligibility Test (TET) & must, as per the Notification No. F. No.61/03/20/2010/NCTE/(N&S), dated 23.08.2010 of National Council for teacher Education, New Delhi, direct recruitment shall be made based on the Teacher Eligibility test marks and Employment Exchange Seniority, 90% weight-age shall be given for TET marks and 10% weight-age shall be given for Employment Exchange seniority
2) In respect of all other posts, which do not require TET, 90% weight-age shall be given for Open Competitive Examination and 10% weight-age shall be given for Employment Exchange seniority.
39 OAs 310/01031/2023 & batch weight-age for Employment Exchange Seniority: The maximum marks shall be 10 at the rate of one mark for every completed year of registration in the Employment Exchange in the Union Territory of Puducherry for all category of teaching and non- teaching staff subject to a maximum period of ten years to be counted backwards from the last date for receipt of application. While computing the marks, the seniority should be reckoned as follows:-
1) For the post of Primary School Teacher, seniority shall be reckoned from the date of registration of D.T.Ed.
2) For the post of Trained Graduate Teacher (All disciplines), the seniority shall be reckoned from the date of registration of the Bachelor's Degree in the respective discipline or B.Ed or B.T whichever is later.
3) For the post of Lecturer (All disciplines), the seniority shall be reckoned from the date of registration of Postgraduate Degree in the respective discipline or B.Ed or 8.T whichever is later.
4) For the post of Lecturer (Physical Education), the seniority shall be reckoned from the date of registration of Master's Degree in Physical Education."
There was an yet another recruitment on contractual basis on 05.07.2019 and the weight-age for Employment seniority as per the notification reads as under:
"8) weight-age for Employment seniority:
The maximum marks shalt ba 10 at the rate of one mark for every completed year of registration in the Employment Exchange in the Union Territory of Puducherry subject to a maximum period of ten years to be counted backwards from the last date for receipt of online application. While computing the marks, the seniority should be reckoned as follows;
1) For Guest Balasevika, the seniority shall be reckoned from the date of Registration of Higher Secondary or Balasevika Training Certificate / Diploma in Early Childhood and Care Education,
40 OAs 310/01031/2023 & batch whichever is later.
2) For Guest Primary School Teacher [For French Medium Schools ), the seniority shall be reckoned from the date of registration of D.T.Ed.
3) For Guest Trained Graduate Teacher (Subjects), the seniority shall be reckoned from the date of registration of Bachelor's Degree in the respective Subject on B.Ed. or B.T. Whichever is later.
4) For Guest Computer Instructor, the seniority shall be reckoned after three years from the date of registration of Bachelor's Degree or from the date of registration of Master degree, whichever is advantageous;
5) For Guest Lecturer, the seniority shalt be reckoned from the date of registration of Postgraduate Degree in the respective discipline of B.Ed, or B.T.. whichever is later."
4.21 By virtue of yet another notification, dated 04.01.2022, the order of the Lt. Governor reads as under:
"11 The Lieutenant Governor further orders that, hereafter the aspirants of Union Territory of Puducherry who have scored the qualifying marks in any one of the Teacher Eligibility Test(TET) conducted by the Tamil Nadu (TNTET), Kerala (KTET), Andhra Pradesh (APTET) and the CBSE (CTET) shall be considered as TET qualified' and become eligible to apply for the post of Teacher for Class I to VIII in the Union Territory of Puducherry and there shall be no weight-age given to the TET mark in the selection process in future recruitment. The selection shall be based only on Written Competitive Examination. "
4.22 By virtue of the said notification, it is recorded that it is qualifying in nature and weight-age has to be given to that extent only. 4.23 However, he would contend that in the present impugned notification, for the post of Primary Teacher 2023, he impugns Clause 41 OAs 310/01031/2023 & batch VIII.
"VIII. Mode of Recruitment ........
* 10% weight-age for Employment Exchange Seniority of Teacher Eligibility Test [TET Paper-I]"
4.24 He would contend that, in the present notification for the post of Primary School Teacher 2023, he impugns Clause VIII, i.e., 10% weight- age for Employment Exchange Seniority of Teacher Eligibility Test (TET Paper I). There is no reasonable nexus as to why, contrary to the earlier notification, the "seniority of teacher eligibility test" and giving 10% weight-age, without any Government notification, has been issued. It is contrary to the notification, dated 28.08.2023, Clause II(iii) and he states that 10% weight-age has to be given for Employment Seniority. He would further contend that most of the applicants had not even done registration of their TET certificate. Therefore, he will lose all chance of being selected.
OA 994/2023 4.25 Mr. Gnanasekar, learned counsel who is appearing in OA 994/2023, in addition to the submissions made by the respective counsels in the respective OAs, would contend that the power to relax age rests only with the Administrator, i.e., His Excellency the Lt. Governor. Learned counsel would rely upon the averment contained in the MA for vacation of stay 42 OAs 310/01031/2023 & batch which has been treated as reply, wherein categorical submission is made that he would contend before seeking urgent relief of vacating the interim order. It is the earnest duty and responsibility of the employer, being model employer, to come out with clear facts and the status of whether any clarification has been sought from the MHA as there is no clarity till date as to what is the outcome of the said clarification as contended by the respondents in para 16 of their application, seeking vacation of stay. He would contend that even otherwise it is within the legal competence of the RR itself which reads as under:
"6. Power to relax - Where the Administrator, Pondicherry is of opinion that it is necessary or expedient so to do, he may, by order and for reasons to be recorded in writing, relax any of the provisions of these rules with respect to any class or category of persons."
and, therefore, it can be presumed that the issue of age relaxation is still under active consideration of the competent authority, including the Government of India. He would further rely upon the OM, dated 29.07.2022, where similar relaxation has already been granted to Group C by the competent authority, i.e. the Hon'ble Lt. Governor. He would further contend that it is classification only in respect of pay scales, therefore, intersection between a, b, c categories cannot be an embargo to pass appropriate orders in respect of all the categories. He would further contend that the merit list has to be based on qualification and as there is no competitive examination, as such, no prejudice shall be caused to the 43 OAs 310/01031/2023 & batch respondents if the names of the applicants are included, as per merit and as per the guidelines. He would further contend that, despite the pending representations, no order has been passed rejecting them on a case to case basis, qua the individuals.
OA 1065/2023 4.26 Additional point urged by M/s M. Gnanasekar is that for the MSP category, 10 years' relaxation has already been granted. OA 984/2023 4.27 Learned counsel, M/s. S. Meenakshi, submits that the post of Primary School Teacher is a basic post which does not even require a higher qualification, not even a degree. Learned counsel would provide additional list of dates by way of an affidavit highlighting various dates relevant to the issue. She highlights the notification, dated 15.03.2023. She would contend that, even in case of UDC's, which is a Group C post, the said age relaxation has been granted.
4.28 Learned counsel(s) would finally argue that this is the last chance for the applicants to be considered. As a matter of fact, they are not even seeking an offer of appointment, but, only consideration by seeking one time age relaxation.
4.29 The applicants' counsel has also filed written submissions with case laws.
44 OAs 310/01031/2023 & batch OA 92/2024 4.29 Mr. K. Anbarasan appears in OA 92/2024 and adopts the arguments of other counsels in the OAS.
OAs 1033/2023, 1035/2023, 1032/2023, 1034/2023, 1070/2023, A/W OAs 1008, 1009, 1011, 1012, 1013, 1023, 1026, 1028, 1029, 1036, 1059, 1060, 1062, 1063, 1064, 1072, 1075, 1076, 1077, 1078, 1109, 1110/2023. 4.30 Mr. B. Balavijayan, learned counsel for the applicant appeared in the above OAs. Whereas, OAs 1032/2023, 1034/2023 and 1070/2023 pertains to age relaxation, OA 1035/2023 pertains to MSP quota and OA 1033/2023 to TET seniority. He adopted the submissions made herein above. OA 1061/2023 4.31 Mr. G. Mohan would argue that, as per the respondent's compilation supplied during the course of the day, only 24 people are above 37 years of age and the remaining are below 37 years and, if, in the normal course, age relaxation is granted, only 24 persons will get affected.
5. Countering the arguments made by the applicant counsels, the respondents would urge and rely upon the avernment contained in the application for vacation of stay.
5.1 The Learned Standing counsel has highlighted the details of the number of applications received from the candidates, as follows:-
45 OAs 310/01031/2023 & batch Total number of applicants submitted online (on or before 776 20.11.2023) who were within the age limit.
Total number of applicants who applied online and submitted hard copy along with self-attested photo copies of the required 656 certificates within the due date (i.e.,) on or before 27.11.2023. Total number of applicants who applied online and submitted hard copy along with self attested photo copies of the required 12 certificates after the due date (27.11.2023),i.e., received on 28.11.2023.
Total number of rejected applications (70+12) 82 Total number of eligible applications in hand. 586 Total number of offline applications from over-aged candidates submitted based on the interim orders passed by the Hon'ble 150 Central Administrative Tribunal Total number of offline applications from over-aged candidates 104 (without any orders of the Hon'ble Courts) 5.2 It is settled law that relaxation can never be sought as a matter of right.
5.3 G.O. Ms. No. 98, dated 24.08.1993, and G.O. Ms. No. 22, dated 28.08.1992, do not apply to the present facts of the case. The said G.Os commence with the following clauses/ conditions:
i) "Candidate registered with employment exchange for sponsoring beyond 30 years."
ii) "Over aged candidates up to 35 years in cases where eligible candidates within the age are lacking."
5.4 The Applicants do not fall within the above 2 conditions for the 46 OAs 310/01031/2023 & batch reasons stated below:
1. No averment as to registration in the employment exchange or at least the details as to when the educational qualification acquired were registered.
2. Applicants were not sponsored by the Employment Exchange.
3. Employment exchange is not a party to the Original Applications.
5.5 G.O. Ms. No. 50, dated 29.07.2022, granting COVID age relaxation of 2 years due to COVID for recruitment to all Group C posts is not applicable to the post of Primary School Teacher. As the said post is a Group B post. Moreover, the administration/Govt. of Puducherry being Union Territory, any policy decision beyond Group C, i.e., from Group B onwards, needs the approval of the Union Public Service Commission and the Govt. of India, namely, the Nodal Ministries of Human Resources and Ministry of Home Affairs. Neither the UPSC nor the Ministry of Human Resources or Ministry of Home Affairs is party as Respondents in these Original Applications.
Furthermore, all the vacancies have arisen only in the year 2021 and 2022 and that there is no question of COVID relaxation to the Group B post of Primary School Teacher.
5.6 The collateral issue of the Recruitment Rules for the post of Primary School Teacher, as of today, categorising the post as Group C does not hold good for consideration as the recommendation of pay commission are 47 OAs 310/01031/2023 & batch implemented for all the cadres across the country, whereby some posts are upgraded to Group B, in view of revised / upgrade pay scale. Both, the Govt. of India and the Union Territory Administration have issued orders, invoking Article 309, for upgrading the posts as Group B and Group A, in order to get over the technicality of amending the recruitment rule which is also issued under Article 309 of the Constitution of India. Similarly, the Govt. of India, through the Ministry of Personnel and Public Grievances and Pension (Department of Personnel and Training), New Delhi, as well as the Govt. of Puducherry, vide orders, dated 09.04.2009 and 11.05.2009, respectively, classified all the posts invoking Article 309 of the Constitution of India.
5.7 The reference of the Department of Personnel and Administrative Reforms, Govt. of Puducherry, writing to the UPSC and the Ministry of Home Affairs with regard to Age Relaxation for Group B posts is a general request made as to clarify on the issue and that it could be construed only as an internal communication and would not give any semblance of right to the Applicants.
5.8 The other grounds argued, placing reliance on para 18 of the DoPT OM dated 06.09.202,2 wherein the notification, dated 21.12.1998, contemplating an increase of the upper age limit by 2 years for direct recruitment cannot be applied to the present applicants.
48 OAs 310/01031/2023 & batch 5.9 The said notification is dated 21.12.1998, and was a concession given on the date of commencement of the Central Civil Service and Civil posts upper age limit for direct recruitment rules (1998). This shall only be constructed as a one time measure and applied as clarified in the said rule as "shall mean direct recruitment by open competitive examination conducted by Union Public Service Commission or any other authority of Central Government and it shall not include recruitment through limited department examination or through shortlisting or by absorption or transfer or deputation."
5.10 The method of selection contemplated in the recruitment notification for the post of primary school teacher is a shortlisting method based on academic credential and employment seniority and not through open competitive examination. More specifically, it is to be noted that the Ministry of Personnel and Administration and Pension (Department of Personnel and Training), Govt. of India) has issued Office Memorandum, dated 31.10.2010, with regard to revision of guidelines for framing/amendment/relaxation of recruitment rules, wherein upper age limit is prescribed in 3.7.4.1 (V) fixing 30 years for the post having grade pay of 4200, 4600 and 4800.
5.11 The grade pay for the post of Primary School Teacher is 4200. But the recruitment rules which were amended in the year 2003 and hold the field 49 OAs 310/01031/2023 & batch as on date, contemplating the upper age limit of 32 years, as against the ceiling/upper age of 30 years by the DoPT, vide OM referred to above. Therefore, the advantage of 2 years more is already there and inbuilt in the recruitment rules and the claim for 2 more years of relaxation, in general, is already met, thereby, satisfying the notification dated 21.12.1998, presuming it to be applicable.
5.12 II. Methodology of Selection:
The method, as contemplated in the notification, is extracted below:
(i) 70% weightage for H.Sc., and Diploma in Teacher Education
(ii) 20% weightage for marks secured in Teacher Eligibility Test.
(iii) 10% weightage for Employment Exchange seniority of Teacher Eligibility Test The Applicants challenging the methodology have admitted that they are not having any grievance as against (i) and (ii) mentioned above, but are aggrieved by contemplation of 10% weightage for employment exchange seniority of TET.
5.13 The above method was a policy decision taken by the Govt. of Puducherry and notified vide G.O.Ms. No. 28 dated 28.08.2023. The said G.O. has not been assailed as on date and, in the absence of any challenge to the said G.O., the present claim of assailing the methodology contemplated in the notification is not maintainable. Assuming the argument of contemplation of employment exchange seniority, in general, 50 OAs 310/01031/2023 & batch mentioned in the policy, would only mean a person having all the qualifications contemplated for a post being fulfilled and becoming eligible to be sponsored by the employment exchange. Therefore, a candidate aspiring to become eligible for the post of primary school teacher would become eligible only upon passing the Teacher Eligibility Test. A candidate without passing the Teacher Eligibility Test would not be eligible for consideration for the post of Primary School Teacher, though he would have acquired the qualification of H.Sc., and Diploma in Teacher Education, long back. The G.O.Ms. No. 28 dated 28.08.2023 is reproduced as under :-
"
DIRECTORATE OF SCHOOL EDUCATION (SECRETARIAT WING) G.O.Ms.No.28 Puducherry, dt.28.08.2023 READ: 1. G.O.Ms. No.32, dated 08.12.2016 of Directorate of School Education (Secretariat Wing), Puducherry.
2. G.O.Ms. No.31. dated 04.01.2022 of Directorate of School Education (Secretariat Wing), Puducherry.
3. I.D. Note No.2103/DSE/Estt.IV/C/2012, dated 08.08.2022 of the Director of School Education, Puducherry.
---------------
ORDER:
In supersession of the G.Os. read (1) and (2) above, the Lieutenant Governor, Puducherry is pleased to notify the criteria for selection of Teachers and other Categories of Staff under the Cadre Control of the Directorate of School Education, Government of Puducherry to the system of giving weightage to the 51 OAs 310/01031/2023 & batch marks secured in the academic qualifications and to the Employment Exchange Registration Seniority as per the procedures detailed in the Annexure to this Order.
/By Order of the Lieutenant-Governor/ Encl: Annexure.
(F.P.VERBINA JAYARAJ) UNDER SECRETARY TO GOVERNMENT (SCHOOL EDUCATION) To The Director of Stationery & Printing, Puducherry - with a request to publish this order in the next issue of the Official Gazette and to supply 25 copies thereof to this Directorate."
5.14 The method of selection would always have a nexus with the essential qualification to be possessed by a candidate in the case of recruitment by shortlisting i.e., the marks obtained in the academic qualification mandated. Therefore, the method of selection is a reasonable method as a TET qualified candidate would have weightage for employment seniority for clearing TET-long back and awaiting employment or unsuccessful in earlier recruitments in view of marginal difference.
5.15 A qualification which makes a candidate eligible for consideration and giving weightage to that qualification to the minimum of 10% is reasonable and that the process is common to one and all. 5.16 The qualification of TET is mandated by the National Council for 52 OAs 310/01031/2023 & batch Teacher Education and section 23(1) of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) read with 2(n) of RTE Act where by it is mandated that weightage to the TET scores should be given in the recruitment process.
5.17 The Learned Senior Standing Counsel also filed very comprehensive written submissions on behalf of the respondents with case laws, which we have taken note of. The case laws relied upon by the respondents are as under :-
(i) 1995 3 SCALE 192- Rajasthan Public Service Commission Vs Smt Anand Kanwar -para 3 ( delay in examination )
(ii) 1997 (6) SCC 614 - Dr Amit Lal Bhat Vs State of Rajasthan _ paras 5.11, 15 ( pertaining to open Competitive examination and cut off date for age relaxation)
(iii) 2003 (2) SCC 632- PU Joshi Vs Accountant General and ors -para 11,12,13 ( the case related to amendment in Rules) ( in present case the RR's sought to be amended by executive instructions and not the RR's itself)
(iv) 2006 ( 8) SCC 671 - KVS VS Sajal Kumar Roy - ( age relaxation )
(v) 2020 (20) SCC 312 - Dr Thingujam VS Dr Hari Nabachandra)-
paras 16 ( quashment of Rules never challenged )
6. ANALYSIS 6.1 The two core issues to be decided in the present OA(s) are - one with regard to age-relaxation of aspirants for respective Posts/Category and the other with regard to the TET weightage clause in the Recruitment Notification, i.e., method of determining eligibility. 6.2 Before adverting to the above issues, we draw a reference to the Rule Position:-
53 OAs 310/01031/2023 & batch 6.3 Subject to Article 309, Constitution of India and other provisions of the Constitution of India, Parliament may by law, has authority to regulate the recruitment, and conditions of service of persons appointed to public service and posts in connection with the affairs of the Union, but the President, or such person as he may direct in the case of services and posts in connection with the affairs of the Union, may make rules regu- lating the recruitment,, and the conditions of service of persons appointed to such services or posts, until provision in that behalf is made by or under an Act of Parliament, and any rules so made shall have effect subject to the provisions of any such Act.
6.4 "Age" for direct recruits is dealt with vide MHA OM No. 2/ 41/54-
RPS, dated 3.12-1959. Whether, the age is relaxable for Government servants?
The Educational and other qualifications required for direct recruits:
It may be noted that the essential qualifications prescribed are relaxable at the Commission's discretion, in case of candidates otherwise well qualified.
6.5 In exercise of the powers conferred by the proviso to Article 309 of the Constitution, the President has empowered Lt. Governors of Delhi and Pondicherry, to make rules, in regard to the following matters :--
(i) 'the method of recruitment to the Central Civil Services and posts under their administrative control in connection with the affairs of the Union Territory concerned;
(ii) the qualifications necessary for appointment to such services and posts; and
(iii) the conditions of service of persons appointed to such services and posts for the purpose of probation, confirmation, seniority and promotion.
54 OAs 310/01031/2023 & batch NOTE-(1) Any rule made under the aforesaid direction, in so far as it relates to Central Civil Service or post, Groups A or B, shall be subject to previous consultation with the Union Public Service Commission; (2) In the case of a post, appointment to which requires the prior approval of the Central Government, prior approval of the Central Government shall be obtained also in respect of the Recruitment Rules for such post; (3) The above powers shall not be exercisable in respect of. services / posts borne on a cadre common to two or more Union Territories. [MII-A Notifications No. 27/59-Him,(i), dated 13-7-59; No. 24/78/68-DH(S), dated 24-9-68 and dated 18-8-73.
6.6 In terms of Para 4 (i) of O.M. No. 4/4/74-Estt.(D) dated 09.04.1981, a Government Servant is not allowed any relaxation of age for recruitment to Group 'A' and Group 'B' post on the basis of competitive examination held by the Commission except in cases where it has been specifically provided for in the scheme of the examinations approved in consultation with the Commission. ( NOTE:-in present case there is no competitive examination ).
6.7 In terms of Paras 2 and 3 of Notification No. 15012/6/98-Estt.(D), dated 21.12.1998, the upper age-limit for recruitment by the method of Direct Open Competitive Examination to the Central Civil Services and civil posts specified in the relevant service/recruitment rules, on the date of commencement of the Central Civil Services and Civil posts (Upper Age- limit for Direct Recruitment) Rules, 1998, stands increased by two years. Subsequent amendment in the relevant Service/Recruitment Rules is to 55 OAs 310/01031/2023 & batch reflect the enhanced upper age limits for Direct Recruitment. "Direct Open Competitive Examination" for the purpose of these rules shall mean direct recruitment by Open Competitive Examination conducted by the Union Public Service Commission or the Staff Selection Commission or any other authority under the Central Government and it shall not include recruitment through Limited Departmental Examination or through short listing or by absorption or transfer or deputation. 6.8 OM No: No. 39020/18/2016-Estt. (B)/3127101, Dated: 19/12/2016, contemplates as under:-
"No.DOPT-1670409721231 Government of India Ministry of Personnel, Public Grievances & Pensions Department of Personnel and Training ESTT.(Estt. B-I) ****** North Block, New Delhi Dated 19 December, 2016 OFFICE MEMORANDUM Subject:- Timely and advance action in filling up of the Direct Recruitment (DR) vacancies.
The undersigned is directed to refer to this Department's OM No.22011/1/2011-Estt.(D) dated 27.10.2016 regarding timely and advance action in convening of Departmental Promotion Committee meeting in terms of Model Calendar and to request that advance action may be taken by the Ministries/Departments/ and their Attached and Subordinate Offices of the Government of India, etc for reporting vacancy position w.r.t. Direct Recruitment (DR) posts also to the concerned recruitment agencies i.e. Union Public Service Commission (UPSC) and Staff Selection Commission (SSC) etc. for filling up of such Direct Recruitment vacancies in a timely manner.
56 OAs 310/01031/2023 & batch (Sign of Authority) Pramod Kumar Jaiswal Under Secretary 23093175 To All Ministries/Departments of the Government of India Copy to:
1. The Secretary, UPSC, Dholpur House, New Delhi
2. The Chairman, Staff Selection Commission, CGO Complex, New Delhi.
Copy also to:
1. JCA Section, DoPT, North Block, New Delhi
2. Estt.D Section, DoPT, North Block, New Delhi.
3. NIC, DoPT for uploading on the website of DoPT ****** Other Reference OMs · 1. OM No: No. 22011/1/2011-Estt (D) Dated: 27/10/2016 · 2. OM No: No. 39020/18/2016-Estt. (B)/3127101 Dated:
19/12/2016"
6.9 Further, vide FNo. 43014/03/2019- Estt(B), Government of India,Ministry of Personnel, Public Grievances and Pensions Department of Personnel and Training , North Block, New Delhi, Dated 2'January, 2020, issued the following :-
"Office Memorandum Subject: Filling up of vacant posts in Central Government Ministries/Department-reg.
Attention is drawn towards this Department's OM No. 39020/18/2016- Estt.(B) dated 19th December, 2016 regarding timely and advance action in filling up the Direct Recruitment (DR) vacancies. It was, inter-alia, requested therein that advance action may be taken by the Ministries/Departments and their Attached and Subordinate Offices for 57 OAs 310/01031/2023 & batch reporting vacancy position with respect to Direct Recruitment (DR) posts to the concerned recruitment agency i.e. Union Public Service Commission (UPSC) and Staff Selection Commission (SSC) etc, for filling up of such Direct Recruitment vacancies in a timely manner.
2. The Cabinet Committee on Investment and Growth in the meeting held on 23.12.2019, has directed to take time bound action to fill the existing vacancies in various Ministries/Departments.
3. Accordingly, all the Ministries/Departments are requested to fill up the existing vacancies in the concerned Ministries/Departments, their Attached and Subordinate Offices, in a time bound manner. It is also requested that a report with regard to action taken to fill up the existing vacancies, may be sent to this Department, as per format given overleaf, by 5thday of every month. The first such report should reach this Department latest by 5thFebruary, 2020.
(Rajbir Singh) Under Secretary to the Government of India' Tel No.: 2309 3175 To Secretaries of all the Ministries/Department in the Government of India. Copy to:
1. The Secretary, Union Public Service Commission, Dholpur House, New Delhi.
2. The Chairman, Staff Selection Commission, Block-12, CGO Complex, New Delhi.
6.10 As per the above notification , there is no distinction between Group A, Group B and Group C.Action taken report with regard to filling up of existing vacancies as on Vacancies filled up till date Remaining vacancies 01 .01 .2020 has to be made. Likely, Action taken to remaining vacancies ,fill up and Reasons for delay have to highlighted.
7. TET weight-age clause in Recruitment Notification( Impugned) 7.1 We are conscious of the fact that "The relaxation cannot be prayed 58 OAs 310/01031/2023 & batch as a matter of right. If a conscious decision is taken not to grant the relaxation, merely because Rule permits relaxation, no writ of mandamus can be issued directing the competent authority to grant relaxation in qualifying service." ( CIVIL APPEAL NO. 6868 OF 2021 State of U.P. & Ors Versus Vikash Kumar Singh & Ors. 22.11.2021 ) 7.2 In CIVIL APPEAL NOS. 3545 - 3549 OF 2016 titled as "VIKAS SANKHALA & ORS. ETC. VERSUS VIKAS KUMAR AGARWAL & ORS. ETC decided on 18.10.2016, the Hon'ble Apex Court held as under :-
"60) Having regard to the respective submissions noted above, first aspect that needs consideration is as to whether relaxation in TET pass marks would amount to concession in the recruitment process. The High Court has held to be so on the premise that para 9(a) dealing with such relaxation in TET marks forms part of the document which relates to the recruitment procedure. It is difficult to accept this rationale or analogy. Passing of TET examination is a condition of eligibility for appointment as a teacher. It is a necessary qualification without which a candidate is not eligible to be considered for appointment. This was clearly mentioned in guidelines/notification dated February 11, 2011. These guidelines pertain to conducting of TET. Basic features whereof have already been pointed out above. Even para 9 which provides for concessions that can be given to certain reserved categories deals with 'qualifying marks' that is to be obtained in TET examination.
Thus, a person who passes TET examination becomes eligible to participate in the selection process as and when such selection process for filling up of the posts of primary teachers is to be undertaken by the State. On the other hand, when it comes to recruitment of teachers, the method for appointment of teachers is altogether different. Here, merit list of successful candidates is to be prepared on the basis of marks obtained under different heads. One of the heads is marks in TET. So far as this head is concerned, 20% of the marks obtained in TET are to be assigned to each candidate. Therefore, those reserved category candidates who secured lesser 59 OAs 310/01031/2023 & batch marks in TET would naturally get less marks under this head. We like to demonstrate it with an example. Suppose a reserved category candidate obtains 53 marks in TET, he is treated as having qualified TET. However, when he is considered for selection to the post of primary teacher, in respect of allocation of marks he will get 20% marks for TET. As against him, a general candidate who secures 70 marks in TET shall be awarded 14 marks in recruitment process. Thus, on the basis of TET marks reserved category candidate has not got any advantage while considering his candidature for the post. On the contrary, "level playing field" is maintained whereby a person securing higher marks in TET, whether belonging to general category or reserved category, is allocated higher marks in respect of 20% of TET marks. Thus, in recruitment process no weight age or concession is given and allocation of 20% of TET marks is applied across the board. Therefore, the High Court is not correct in observing that concession was given in the recruitment process on the basis of relaxation in TET.
61) Once this vital differentiation is understood, it would lead to the conclusion that no concession becomes available to the reserved category candidate by giving relaxation in pass marks in TET insofar as recruitment process is concerned. It only enables them to compete with others by allowing them to participate in the selection process. In this backdrop, irrespective of circular dated May 11, 2011, the reserved category candidates who secured more marks than marks obtained by the last candidate selected in general category, would be entitled to be considered against unreserved category vacancies. However, it would be subject to the condition that these candidates have not availed any other concession in terms of number of attempts, etc., except on fee and age.
62) In Jitendra Kumar Singh & Anr. v. State of Uttar Pradesh & Ors. (2010) 3 SCC 119, this Court has very categorically held that relaxations given in educational qualifications etc. making a person eligible to participate in selection process would not be treated as availing benefits in the recruitment/employment and the benefits envisaged have to be those which have direct relation to recruitment/employment and are relatable to the jovial relationship of employer and employee. It is also clarified that such benefits must occur from and should be post 'level playing field'. We would like to reproduce the following discussion from the said judgment touching upon the aforesaid aspects:
"48. In view of the aforesaid facts, we are of the considered opinion that the submissions of the appellants that relaxation in fee
60 OAs 310/01031/2023 & batch or age would deprive the candidates belonging to the reserved category of an opportunity to compete against the general category candidates is without any foundation. It is to be noticed that the reserved category candidates have not been given any advantage in the selection process. All the candidates had to appear in the same written test and face the same interview. It is therefore quite apparent that the concession in fee and age relaxation only enabled certain candidates belonging to the reserved category to fall within the zone of consideration. The concession in age did not in any manner tilt the balance in favour of the reserved category candidates, in the preparation of final merit/select list.
49. It is permissible for the State in view of Articles 14, 15, 16 and 38 of the Constitution of India to make suitable provisions in law to eradicate the disadvantages of candidates belonging to socially and educationally backward classes. Reservations are a mode to achieve the equality of opportunity guaranteed under Article 16(1) of the Constitution of India. Concessions and relaxations in fee or age provided to the reserved category candidates to enable them to compete and seek benefit of reservation, is merely an aid to reservation. The concessions and relaxations place the candidates on a par with general category candidates. It is only thereafter the merit of the candidates is to be determined without any further concessions in favour of the reserved category candidates.
xx xx xx
75. In our opinion, the relaxation in age does not in any manner upset the "level playing field". It is not possible to accept the submission of the learned counsel for the appellants that relaxation in age or the concession in fee would in any manner be infringement of Article 16(1) of the Constitution of India. These concessions are provisions pertaining to the eligibility of a candidate to appear in the competitive examination. At the time when the concessions are availed, the open competition has not commenced. It commences when all the candidates who fulfill the eligibility conditions, namely, qualifications, age, preliminary written test and physical test are permitted to sit in the main written examination. With age relaxation and the fee concession, the reserved candidates are merely brought within the zone of consideration, so that they can participate in the open competition on merit. Once the candidate participates in the written examination, it is immaterial as to which category, the candidate belongs. All the candidates to be declared eligible had participated 61 OAs 310/01031/2023 & batch in the preliminary test as also in the physical test. It is only thereafter that successful candidates have been permitted to participate in the open competition."
It is stated at the cost of repetition that provision of giving 20% marks of TET score was applied to all candidates irrespective of the category to which he/she belongs and, therefore, no concession or relaxation or advantage or benefit was given in this behalf which could disturb the level playing field and tilt advantage in respect of reserved category candidate. On the contrary, the reserved category candidates who had secured less marks in TET examination are given lesser marks in the recruitment process on the application of the formula of allocating 20% marks of TET score. Question No. 3 is answered accordingly.
63) These appeals are accordingly allowed in the manner indicated in this judgment, effect whereof would be as under:
(a) Those reserved category candidates who secured pass marks on the application of relaxed standards as contained in the extant policy of the Government in its communication dated March 23, 2011 to be treated as having qualified TET examination and, thus, eligible to participate in the selection undertaken by the State Government.
(b) Migration from reserved category to general category shall be admissible to those reserved category candidates who secured more marks obtained by the last unreserved category candidates who are selected, subject to the condition that such reserved category candidates did not avail any other special concession. It is clarified that concession of passing marks in TET would not be treated as concession falling in the aforesaid category.
All these appeals are disposed of accordingly. No order as to cost." 7.3 In the year 2023, two major judgments came from the Supreme Court of India, which changed the eligibility criteria for the post of primary teachers.
7.4 The first one came on August 11, 2023, and stated that B.Ed- qualified candidates will no longer be eligible to apply for the post of teachers in Government Elementary Schools. Only BTC (Basic Teacher 62 OAs 310/01031/2023 & batch Certificate) qualified candidates can apply for these positions. 7.5 In another on November 28, 2023, which maintained that candidates having an 18-month Diploma in Elementary Education (D.El.Ed.) from the National Institute of Open Schooling (NIOS) are not eligible for Primary Teacher Posts.
7.6 In CIVIL APPEAL NO. 5068 OF 2023 (ARISING OUT OF SPECIAL LEAVE PETITION (C) No.20743 OF 2021)titled "DEVESH SHARMA Versus UNION OF INDIA AND ORS, the Hon'ble Apex Court held as under :-
"23.Section 23 of the Act is extremely important as it not only provides as to who shall determine the qualifications of teachers in a Primary school, but as to who can relax these qualifications,and for how long. "
*********** The decision whether to include or exclude B.Ed. as a qualification for teachers in primary school is an academic decision, which has to be taken after proper study by the academic body i.e. NCTE and should be better left to this expert body.
But as we have seen the decision to include B.Ed. as a qualification is not an independent decision of NCTE, but it was the decision of the Central Government and NCTE was simply directed to carry it out for that being a direction under Section 29 of NCTE Act, a direction NCTE followed. In the present case and in the larger context of the matter, we cannot even see this as a policy decision.
But without getting into this argument, even presuming for the sake of argument that the decision taken at the Government level to include B.Ed. as a qualification for teachers at primary level is a policy decision, we 63 OAs 310/01031/2023 & batch must say that this decision is not correct as it is contrary to the purpose of the Act. In fact, it goes against the letter and spirit of the Fundamental Right enshrined in the Constitution under Article 21A. It is against the specific mandate of the Act, which calls for a free, compulsory and meaningful primary education to children. By including B.Ed. as a qualification for teachers for primary school, the Central Government has acted against the provisions of the Constitution and the laws. The only logic given by the Central Government to include B.Ed. as a qualification is that it is a 'higher qualification'. This we have already seen is not correct. Under these circumstances, we have no hesitation to say that the notification has rightly been quashed and the decision of the Division Bench of the Rajasthan High Court has to be upheld. In our considered opinion therefore the direction of the Central Government dated 30.05.2018 culminating in the notification dated 28.06.2018 of NCTE are violative of the principles as laid down in RTE Act. Not only this, the notification goes against the purpose and the mandate of law, which is to provide a meaningful and 'quality' primary education to children. The entire exercise is also procedurally flawed. The notification dated 28.06.2018 is not an independent decision of NCTE taken after due deliberation, but it simply follows the direction of the Central Government, a direction which fails to take into consideration the objective realities of the day. Having made the above determination we, all the same, are also of the considered opinion that the State of Rajasthan was clearly in error in not calling for applications from B.Ed. qualified candidates, for the reasons that till that time when such an advertisement was issued by the Rajasthan Government, B.Ed. candidates were included as eligible candidates as per the statutory notification of NCTE, which was binding on the Rajasthan Government, till it was declared illegal or unconstitutional by the Court. The Rajasthan High Court had rightly observed as under :-
"..we are of the opinion that the State Government could not have ignored the notification while inviting applications for REET. Even if the State Government was of the opinion that such notification was unconstitutional or for any reason illegal, the same had to be stayed or set aside by a competent court before it could be ignored." [Para 45 of the Impugned Judgement] What the Rajasthan High Court had stated above is the settled legal position. In a recent three Judge judgment of this Court in State of Manipur & Ors. v. Surjakumar Okram & Ors.this position that a statute which is made by a competent legislature is valid till it is declared unconstitutional by a court of law; has been reiterated.
64 OAs 310/01031/2023 & batch
37. Consequently, the Appeals are dismissed and the judgement dated 25.11.2021 of the Rajasthan High Court is upheld. The notification dated 28.06.2018 is hereby quashed and set aside.
7.7 The advertisement notification has not taken note of the decision rendered by the Hon'ble Apex Court in DEVESH SHARMA (supra) as it is in clear contrast to the findings that the NCTE is the academic authority to determine the qualifications of teachers under the Act. The "power to relax" is within the domain of the Central Government or under the Rule in a positive sense of the term , which cannot mean to be restricted to negative interpretation confining it to 10% weight-age for "Employment Exchange Seniority of Teacher Eligibility Test" as has been incorporated in G.O.Ms. No. 28 dated 28.08.2023, which is questionable.
7.8 The RECRUITMENT RULES FOR THE POST OF PRIMARY SCHOOL TEACHER, are reproduced as under :_
1. Name of the post : Primary school teacher.
2. Number of posts : 2,207 (Two thousand two hundred and seven) [2003] Subject to variation depending on work-load.
3. Classification : General Central Services - Group 'C'
- Non-Gazetted - Non-Ministerial.
4. Scale of pay : Rs.4,500 - 125 - 7,000.
5. Whether selection post or : Not applicable. non-Selection post 65 OAs 310/01031/2023 & batch
6. Whether benefit of added : No years of service admissible under Rule 30 of the Central Civil Services (Pension) Rules, 1972
7. Age limit for direct recruits : Between 18 and 32 years (Age relaxation for reserved and special category of persons shall be admissible in accordance with the orders or instructions issued by the Government from time to time).
Note: The crucial date for determining the age limit shall be the closing date for receipt of applications.
In case of recruitment made through the Employment Exchange, the crucial date for determining the age limit, shall, in each case, be the last date up to which the Employment Exchanges are asked to submit the names.
8. Educational and other : (i) A pass in Higher Secondary qualifications required for School or its equivalent with 50% direct recruits marks in aggregate; and
(ii) Diploma in Teacher Education or Certificate in Basic Teacher's Training of duration of not less than 2 years offered by an institution recognized by the National Council for Teacher Education. The minimum academic qualification for admission to the Diploma in Teacher Education or Certificate in Basic Teacher's Training should be Higher Secondary or its equivalent; and 66 OAs 310/01031/2023 & batch
(iii) Should have studied the particular regional language (Tamil/Telugu/Malayalam) as one of the subjects up to Secondary level or studied Diploma in Teacher Education/Certificate in Basic Teacher's Training in the relevant Medium of regional language.
Note: The Educational qualification for Primary School Teachers for schools with medium of Instruction in French shall be:-
1. Brevet Elementaire de Francais ;
2. Higher Secondary with 50% marks in aggregate; and
3. Diploma in Teacher Education or Certificate in Basic Teacher's Training of a duration of not less than two years offered by an Institution recognized by National Council for Teacher Education. The minimum academic qualifications for admission to the Diploma in Teacher Education or Certificate in Basic Teacher's Training should be Higher Secondary or its equivalent.
9. Whether age and educational : Not applicable.
qualification for direct recruits will apply in the case of promotees 10 Period of probation, if any : Two years.
.
11 Method of recruitment, : By direct recruitment. . whether by direct recruitment or by promotion or by transfer Note: Selection will be made of the / deputation and percentage of persons possessing knowledge of the posts to be filled up by the regional language of Tamil, 67 OAs 310/01031/2023 & batch various methods Malayalam or Telugu, as the case may be according to the availability of vacancies in different regions of the Union territory of Pondicherry at the time of selection.
12 In case of recruitment by : Not applicable . promotion / deputation / transfer, Grade from which promotion / deputation / transfer is to be made 13 If a Departmental Promotion : Group 'C' Departmental Selection . Committee / Recruitment Committee (for considering the Committee Exists, what is its direct recruitment and Confirmation composition? of direct recruits) -
a Secretary to Govt. (Education) -
) Chairman b Deputy Secretary/Under Secretary ) (Education) - Member c Director of School Education-
) Member d Joint Director/Deputy Director ) dealing with Primary Education. -
Member 14 Circumstances in which : Does not arise . Union Public Service Commission is to be Consulted in making recruitment (By order of the Administrator) N. LOGANATHAN, Under Secretary to Government (Education).
68 OAs 310/01031/2023 & batch 7.9 Rule 8 of RR's, i.e., Educational and other qualifications required for direct recruits, ie (ii) Diploma in Teacher Education or Certificate in Basic Teacher's Training of duration of not less than 2 years offered by an institution recognized by the National Council for Teacher Education. The minimum academic qualification for admission to the Diploma in Teacher Education or Certificate in Basic Teacher's Training should be Higher Secondary or its equivalent.
7.10 On bare perusal of the RR's, it is found that the RR's prescribe Basic Teacher's Training of duration of not less than 2 years offered by an institution recognized by the National Council for Teacher Education. The RR's nowhere contemplates that the Employment Exchange Seniority of Teacher Eligibility Test is the minimum academic qualification. Hence, any such notification dehors the RR's is without any force of law. The Court held that "It is not necessary to refer to factual scenarios of different judgments and different rules or general definition of what would amount to be on "duty", when the rule in question is quite clear." The Court pressed on assigning a meaning to the insertion of Proviso to Rule 2 of 1984 Rules or otherwise, it would imply at proviso becoming otiose, i.e., hollow or empty. According to the Court, even Rules 3B and 6 of the 1988 Rules are read in consonance which do not leave any ambiguity and that, the period of probation must be excluded from the period of service. (Ref:
69 OAs 310/01031/2023 & batch Ashok Ram Parhad v. State of Maharashtra, 2023 SCC OnLine SC 265, judgment dated 15-3-2023). The Court further held that the proviso would operate in full force since Government resolutions cannot override statutory rules when the resolution neither speaks of promotion to DFO post nor seniority. The Court while dismissing the present appeal concluded that the applicable Rules in the present matter leave no ambiguity and must prevail. " ( emphasis) 7.11 It is settled legal proposition that executive instructions cannot override the statutory provisions [Vide B.N. Nagrajan v. State of Mysore, AIR 1966 SC 1942; Sant Ram Sharma v. State of Rajasthan and Ors., AIR 1967 SC 1910; Union of India and Ors. v. Majji Jangammyya and Ors., AIR 1977 SC 757; B.N. Nagarajan and Ors. v. State of Karnataka and Ors., AIR 1979 SC 1676; P.D. Agrawal and Ors. v. State of U.P. and Ors., (1987) 3 SCC 622; M/s. Beopar Sahayak (P) Ltd. and Ors. v. Vishwa Nath and Ors., AIR 1987 SC 2111; State of Maharashtra v. Jagannath Achyut Karandikar, AIR 1989 SC 1133; Paluru Ramkrishananiah and Ors. v.
Union of India and Ors., AIR 1990 SC 166; Comptroller and Auditor General of India and Ors. v. Mohan LalMalhotra and Ors., AIR.1991 SC 2288; State of Madhya Pradesh v. G.S. Dall and Flour Mills, AIR 1991 SC 772; Naga People's Movement of Human Rights v. Union of India and Ors., AIR 1998 SC 431; C. Rangaswamaeah and Ors. v. Karnataka Lokayukta and Ors., AIR 1998 SC 96.] 70 OAs 310/01031/2023 & batch 7.12 The Executive instructions cannot amend or supersede the statutory rules or add something therein, nor the orders be issued in contravention of the statutory rules for the reason that an administrative instruction is not a statutory Rule nor does it have any force of law; while statutory rules have full force of law provided the same are not in conflict with the provisions of the Act. (Vide State of U. P. and Ors. v. Babu Ram Upadhyaya, AIR 1961 SC 751; and State of Tamil Nadu v. M/s. Hind Stone etc., AIR 1981 SC 711).
7.13 10% weight-age for Teacher Eligibility Test is not questionable , which has to be applied across the board to all aspirants who possess qualifying Teacher Eligibility Test on the closing date. By virtue of incorporating a pre-condition "Employment Exchange Seniority of Teacher Eligibility Test", ie, based on registration in Employment Exchange Seniority , the respondents have created a class among-st class, which was never contemplated in their own G.O.Ms. No. 28, dated 28.08.2023. The said G.O.Ms. No. 28 dated 28.08.2023 speaks of TET minimum qualification as a mandate only and nowhere speaks of Employment Exchange Seniority of TET. No plausible explanation /logical basis or intelligible differentia is coming forth from the respondents as to the reasoning behind such classification to the nexus which is sought to be achieved by creating a class amongst individuals/aspirants, who possess TET certificate and who necessarily 71 OAs 310/01031/2023 & batch have to be registered, thereby, giving 10 % weightage to Employment Exchange Seniority qua TET only henceforth creating an artificial distinction even when the selection is based on "academics weightage not competitive examination" through open market, not confined to sponsored candidates from Employment Exchange. The said eligibility clause not only circumvents the provisions of the NCTE Act but is also contrary to earlier GO's/RR's or to any policy decision. Hence, G.O.Ms. No. 28 dated 28.08.2023, is invalid to the extent that it imposes a condition of having Employment Exchange Seniority qua TET only, meaning, thereby, 10% weightage for Teacher Eligibility Test which has to be applied across the board to all aspirants who possess qualifying Teacher Eligibility Test, as on the closing date.
8. AGE RELAXATION 8.1 In a recent decision, decided on 24.01.2023 , the Hon'ble Orrisa High Court in W.P.(C) No.341 of 2023, P.(C) No.314 of 2023 and W.P. (C) No.880 of 2023 and W.P.(C) No.341 of 2023 titled as "Nagen Bhoi & Others Vs State of Odisha and Others", while quoting paraS 19, 28, 29 of the decision rendered by the Hon'ble Apex Court ( High Court of Delhi vs. Devina Sharma (Civil Appeal No.216 of 2022, arising out of SLP (C) No.4452 of 2022), also held as under :-
72 OAs 310/01031/2023 & batch "43. After coming to a conclusion that the Government has power to grant relaxation on its own motion or upon getting intimation from any genuine or bona fide source can grant such relaxation subject to the condition that the Government is satisfied that the exercise of such power is in public interest and such relaxation can only be granted by a reasoned order recording therein the reasons of satisfaction and such relaxation can be granted in respect of any of the provisions of the order. Therefore, there is no doubt that the State Government has power to grant such relaxation in the upper age limit provided the same is considered to be in public interest. It is a matter of record that last recruitment test to the rank of Constable took place in the year 2018. Thereafter, no recruitment test whatsoever was held for appointment to the rank of Constables in the State of Odisha. Further, the scenario during the period of Covid-19 pandemic in the entire State is no unknown to anybody. Many candidates who have attained the majority of 23 years, i.e., upper age limit between 2018 to 2022 must not have got the opportunity to appear in the recruitment test. Therefore, they were debarred from getting an opportunity to be considered for selection and appointment to the post of Constable in Odisha Police.
44. In the context of relaxation of upper age limit, learned counsel for the Petitioners relied upon a judgment of this Court in the case of Sujit Kumar Padhy v. State of Odisha & Ors. (W.P.(C)No.36126 of 2021 decided vide judgment dated 23.12.2022). In the aforesaid case, the Petitioners sought for a direction from this Court to the Opposite Parties to accept their application to participate in the recruitment test for the post of Odisha Education Service Officers in Group-B under School & Mass Education Department. The case of the Petitioner was that he was eligible to be appointed such post. However, his application was not accepted as he was over aged by 6 months. On perusal of the judgment, it appears that the age 73 OAs 310/01031/2023 & batch limit in the said case was 21 years to 32 years with 5 years relaxation for special category candidates like S.C. & S.T., S.E.B.C. and Ex-Servicemen etc. The Petitioner who belong to Ex-Servicemen Category applied for the post. However, at the time of application, he was 37 years 6 months old.
Therefore, he was over aged by 6 months. In the ultimate analysis, a coordinate Bench of this Court observed that the advertisement which was intended to be issued in the year 2019 has to be postponed owing to the Covid-19 pandemic and, accordingly, it was decided to consider the case as a special case and further taking into consideration the fact that the vacancies are to be filled up every year and the same having not been followed in that case, the coordinate Bench by referring the judgment of the Hon'ble Supreme Court in the case of High Court of Delhi vs. Devina Sharma (Civil Appeal No.216 of 2022, arising out of SLP (C) No.4452 of 2022) concluded that the case of the Petitioner deserves to be considered sympathetically in the facts and circumstances of the case and, accordingly, allowed the writ petition by granting opportunity to the Petitioner as a one-time measure.
xxxxx
52. Since the benefit of age relaxation is being granted for particular period to all eligible candidates, therefore, in the considered view of this Court, no candidate is likely to be affected and no prejudice would be caused to the candidates who have already submitted their application in the meantime.
xxxx
53. Finally, with regard to the apprehension expressed by the learned Additional Government Advocate that by permitting older candidates above 23 years of upper age limit, the Police Department would have to compromise with fitness of the persons likely to be appointed as 74 OAs 310/01031/2023 & batch Constables. Such apprehension according to this Court, is baseless. The candidates found otherwise eligible are required to undergo rigorous physical fitness test. Only after clearing such fitness bar, the candidates are going to be finally selected and appointed. This Court only proposes to grant age relaxation not the fitness relaxation as would be fixed by the competent body. Therefore, such apprehension of the learned Additional Government Advocate has no substance in it and the same is accordingly discarded."
9. CONCLUSION : To put a quietus to the issue(s), we deem it fit and proper, under the existing facts and circumstances, to dispose of the present OA(s) with following directions :-
9.1 Two issues have been addressed, accordingly.
9.2 The candidates who stand qualified as per merit now and who had not participated in the recruitment process in the year 2015 (the closing date of said Selection process) and had become overage between the intervening period till the closing date for the respective post(s) in the present impugned notification, their applications should be assessed as per the over-all merit list for their respective post(s) and under the relevant category. Such applicant(s), as above, shall give an undertaking within 10 days from today to the Competent Authority that they had not participated in the recruitment process, for the said post, in the year 2015.
9.3 In the event, the said applicants/candidates who give such undertaking qualify on merit and fall within the zone of consideration, i.e., 75 OAs 310/01031/2023 & batch cut-off marks in the respective category, cases of such candidates be forwarded to the Hon'ble LG/Administrator for his consideration and appropriate decision purely as a "one time measure for age relaxation" to the extent of further period of 2 years only, on a case-to-case basis, in exercise of his powers under Rule 6 of the RR's to his own wisdom, taking a holistic view and also taking into account similar benefits extended in the course of other recruitment exercise in the CAPF, Haryana Staff Selection Commission, Delhi Government and Orissa Government, either by virtue of Notification and/or pursuant to the decision rendered by various Courts.
The appropriate order(s), i.e., offer of appointment to persons, if otherwise found eligible, be issued within a period of three months from the date of notification of the final result of the selection process. 9.4 All OA(s) are disposed of in the aforesaid terms. No Order as to costs.
9.5 Pending MA(s), if any, also disposed of.
(Varun Sindhu Kul Kaumudi) (Manish Garg)
Member (A) Member (J)
01.03.2024
as