Central Administrative Tribunal - Cuttack
Sujit Ranjan Das vs Department Of Post on 4 April, 2025
1 O.A.Nos. 260/00341, 601 & 615 of 2022
CENTRAL ADMINISTRATIVE TRIBUNAL
CUTTACK BENCH, CUTTACK
O.A.Nos. 260/00341, 601 and 615 of 2022
Reserved on 28.03.2025 Pronounced on 04.04.2025
CORAM:
THE HON'BLE SHRI SUDHI RANJAN MISHRA, MEMBER (J)
THE HON'BLE SHRI PRAMOD KUMAR DAS, MEMBER (A)
O.A.No. 260/00341 of 2022
Bhawani Shankar Khamari, aged about 23 years,
S/o-Mr. AnadiKhamar, Residing AT: Malpada,
PO/PS/Dist: Balangir.
......Applicant
VERSUS
1. Union of India, represented through it's Director
General Posts, Postal Services Board, Dak Bhawan,
New Delhi-110001.
2. Chief Post Master General, Odisha, AT/PO:
Bhubaneswar, Dist-Khurda.
3. Director of Postal Services, Sambalpur, AT/PO/Dist:
Sambalpur, Odisha.
4. Superintendent Post Office, Balangir Division,
AT/PO/Dist:Balangir.
......Respondents
For the applicant : Mr. S.B.Jena, Counsel
For the respondents: Dr. C.R.Mishra, Counsel
O.A.No. 260/00601 of 2022
Abhishek Panda, aged about 24 years, S/o- Late
Narayan Chandra Panda, At present residing at
Pokhariapada, P.O-Arei, P.S-Binjharpur, Dist-Jajpur.
......Applicant
2 O.A.Nos. 260/00341, 601 & 615 of 2022
VERSUS
1. Union of India, represented through it's Director
General Posts, Postal Services Board, Dak Bhawan,
New Delhi-110001.
2. Chief Post Master General, Odisha, AT/PO:
Bhubaneswar, Dist-Khurda.
3. Director of Postal Services, Jajpur AT/PO/Dist:
Jajpur, Odisha.
4. Superintendent Post Office, Quareshi Mohalla,
Jajpur, Odisha 755035.
......Respondents
For the applicants: Mr. S.P.Jena, Counsel
For the respondents: Mr. B.N.Swain, Counsel
O.A.No. 260/00615 of 2022
Sujit Ranjan Das, aged about 21 years, S/o-Rabindra
Kumar Das, AT- Thakurpada, P.O.-Pubusahi, Dist-
Khurdha.
......Applicant
VERSUS
1. Union of India, represented through it's Director
General Posts, Postal Services Board, Dak Bhawan,
New Delhi-110001.
2. Chief Post Master General, Odisha, AT/PO:
Bhubaneswar, Dist-Khurda.
3. Director of Postal Services, Keonjhar, AT/PO/Dist:
Keonjhar, Odisha.
4. Superintendent Post Office, Keonjhar,
At/P.O/Dist-Keonjhar.
......Respondents
For the applicants: Mr. S.P.Jena , Counsel
3 O.A.Nos. 260/00341, 601 & 615 of 2022
For the respondents: Mr. S.K.Pradhan, Counsel
O R D E R
PRAMOD KUMAR DAS, MEMBER (A):
Since the facts and law so also relief sought in these three matters are same and similar, although, we have heard the matter one after the other, for the sake of clarity and convenience, this common order is passed, which shall govern in these three OAs.
2. In all these three cases, the applicants applied for consideration to the post of GDS BPM pursuant to the notification issued by the Dept. of Posts on 02.05.2022. As per rules and as notified in the notification dated 02.05.2022, the selection was to be made based on the marks obtained in the prescribed qualification. The educational qualification provided therein are as under:
"5. Educational Qualification:
Secondary School Examination pass certificate of 10th standard having passed in Mathematics and English (having been studied as compulsory or elective subjects) conducted by any recognized Board of School Education by the Government of India/State Governments/ Union Territories in India shall be a mandatory educational qualification for all approved categories of GDS.
6. Compulsory knowledge of Local Language The candidate should have studied the local languagei.e.
(Name of Local language) at least up to 10th standard [as compulsory or elective subjects]."
4 O.A.Nos. 260/00341, 601 & 615 of 2022
3. Applicants were called upon for document verification. The candidature of Sri Bhawani Shankar Khamari (OA No. 341/2022) was rejected on the ground that the selected Board name not tallied with the uploaded Certificate Board name. Similarly, the candidatures of Abhishekh Panda (OA No. 601/2022) and Sri Sujit Ranjan Das (OA 615/2022) were rejected on the ground that the entered marks/data not tallied with uploaded certificate marks/data. The applicants have filed OAs seeking to quash the order of rejection and to direct the respondents to appoint them in the GDS posts.
4. Insofar as the case of Sri B.S.Khamari (OA No. 341/2022), the stand of the respondents is that the selection of the candidates to the post, in question, was to be made on the basis of fulfillment of all the eligibility criteria mentioned in the online notification. In the advertisement, it was specifically made known to the aspirant candidates that besides fulfilling the other conditions, the candidates should have possessed the knowledge of local language. It was also provided that the candidate should have studied the local language (i.e Odia for Odisha State) atleast upto 10th standard as compulsory or elective subject. From the 10th class certificate submitted by the 5 O.A.Nos. 260/00341, 601 & 615 of 2022 applicant, it was found that he did not opt 'Odia' as one of the subject in the Central Board of Secondary Education whereas he had mentioned Odia, as one of the subjects, in his application form. Since, the said discrepancy came to the notice during verification of documents, his candidature was cancelled.
5. In the case of Abhishekh Panda (OA No. 601/2022), the stand of the respondents is that applicant in his application form had selected the Board's name as Central Board of Secondary Education and additional subject-Odia whereas he had passed Odia subject from Board of Secondary Education. He had entered the Marks/Grades/Points as 4 for additional subject-Odia but, as per the certificate of Board of Secondary Education, the marks secured by him is only 30. Nowhere in the online portal, he had stated that he passed Odia subject from Board of Secondary Education. Although applicant had entered six subjects in online portal but, during verification of document, it was found that there were only five subjects in the CBSE Certificate.
6. Insofar as Sri Sujit Ranjan Das (OA 615/2022), the respondents' stand is that the applicant filled up 'B2' grade secured in the application 6 O.A.Nos. 260/00341, 601 & 615 of 2022 form in respect of 'Odia' subject as 'B2' at his own calculation instead of secured mark of 61 out of 100. There was no grade noted in the said certificate. Also, he entered the CGPA as 9.6 in his online application form as per his 10th certificate issued by Central Board of Secondary Education. The certificate issued by Central Board of Secondary Education does not include mark secured in Odia language. The above aspect came to the notice during the verification of his document and, therefore, in terms of the conditions stipulated in the notification/advertisement, the candidature of the applicant was rightly rejected.
7. Ld. Counsel for the applicants have submitted that rejection of candidature on the grounds, as in these OAs, were subjected to judicial scrutiny of this Bench in OA Nos. 317/2017 (Mohammed Ahmed Vs UOI & Ors) wherein this Bench of the Tribunal after examining the nitty gritty of the matter directed the respondents for reconsideration of the case of the applicant therein. Subsequently, similar issue came up before this Tribunal in OA No. 359/2022( Lipsarani Mohapatra Vs UOI & Ors) wherein this Bench of the Tribunal after examining the matter in great detail and by applying the doctrine of precedence allowed the OA 7 O.A.Nos. 260/00341, 601 & 615 of 2022 vide order dated 17.09.2024 directing the respondents for reconsideration of the case of the applicant therein. The relevant portion of the order is quoted herein below:
"5. In the notification para 5 & 6 regarding educational qualification for Dak Sevak is as under :
"5. Educational Qualification Secondary School Examination pass certificate of 10th standard having passed in Mathematics and English (having been studied as compulsory or elective subjects) conducted by any recognized Board of School Education by the Govt. of India/State Governments/Union Territories in India shall be a mandatory educational qualification for all approved categories of GDS.
6. Compulsory knowledge of Local Language The candidate should have studied the local language i.e. (Name of local language) at least upto 10th standard (as compulsory or elective subjects.)"
It is submitted by the applicant that she had appeared 10th class examination under CBSE course wherein Odia was not a subject. It is the specific ground of the applicant that she has passed the examination in respect of Odia language conducted by Board of Secondary Education, Odisha and the certificate shows that the said certificate is issued in respect of Odia subject as elective subject as one of the requirement in the advertisement. The advertisement was issued for the recruitment of Gramin Dak Sevak and therefore taking into consideration the nature of the job expected to be performed by the candidate, the authorities decided to recruit persons having capacity to speak and write in Odia. It is also mentioned in the advertisement that the candidate should have Odia as either compulsory or elective subject in 10th class examination. Since the requirement prescribed in the advertisement has been satisfied by the applicant, it cannot be said that the passing of Odia 10th standard certificate of 8 O.A.Nos. 260/00341, 601 & 615 of 2022 the applicant issued by the Board of Secondary Education cannot be accepted. Hence the OA deserves to be allowed.
6. Accordingly the OA is allowed with a direction to the respondents to allow the applicant to participate in the recruitment process in question and she shall be considered for the post in question, if otherwise found suitable in accordance with law."
8. It is not the case of the respondents that the aforesaid order of this Bench has been reversed either in Review or by any higher court. The doctrine of judicial precedent is based on stare decisis, which means standing by previous decisions. Once a point of law has been decided in a particular case, that law must be applied in all future cases containing the same material facts. We do not find any ground to differ from the view already taken by this Bench in the cases quoted above. Hence, the impugned orders in all these three cases are hereby quashed. Consequently, in OA No. 341/2022 (Sri Bhawani Shankar Khamari), respondents are directed to take further recourse known to law to complete the process of selection in respect of the applicant as per the direction of this Bench in OA No. 359/2022 (Lipsarani Mohapatra) quoted above.
In OA No. 601/2022 (Sri Abhishekh Panda) and OA No. 615/2022 (Sri Sujit Ranjan Das), respondents are directed to take into account the marks secured by the applicants in Odia subject as per the certificate 9 O.A.Nos. 260/00341, 601 & 615 of 2022 filed by them and to take further recourse known to law to complete the process of selection in respect of the applicants.
9. In the result, all the three OAs stand allowed accordingly. There shall be no order as to costs.
(Pramod Kumar Das) (Sudhi Ranjan Mishra) Member (Admn.) Member (Judl.) RK/PS