Central Administrative Tribunal - Kolkata
C Raveena vs Tourism on 1 November, 2025
1 OA 351/1280/2024
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA
(Circuit sitting at Port Blair)
OA. 351/1280/2024 Date of Hearing:16.09.2025
Date of Order: 01.11.2025
Present: HON'BLE SMT. URMITA DATTA (SEN), JUDICIAL MEMBER
HON'BLE MR. SUCHITTO KUMAR DAS, ADMINISTRATIVE MEMBER
Smti. C. Raveena, daughter of M. Chandrasekar, aged about ()
years, resident of Shadipur Village, Port Blair Tehsil, South
Andaman. Mobile No. 9531972957, Email ID:
[email protected]
......Applicant
Vs.
1. Union of India, service through the Secreatary, Govt. of
India, Ministry of Home Affairs, North Block, New Delhi-
110001.
2. Union of India, service through the Secretary, Govt. of India,
Ministry of Tourism, Room No. 301, Transport Bhawan,
Parliament Street, New Delhi- 110001.
3. The Lieutenant Governor, Andaman and Nicobar Islands,
Raj Niwas, Port Blair- 744101.
4. The Chief Secretary, Andaman and Nicobar Administration,
Secretariat, Port Blair- 744101.
5. The Secretary (Tourism), Andaman and Nicobar
Administration, Secretariat, Port Blair- 744101.
6. The Director of Tourism, Directorate of Information,
Publicity & Tourism, Andaman and Nicobar Administration,
Port Blair- 744101.
................Respondents
Digitally signed by
Pampa Nandi Debnath
DN: C=IN, O=Personal,
T=1575, OID.2.5.4.65=
133596280922834876S
4dj74l44OOh8c,
Phone=
feef9776669c46fe6184e
820dd910dd7d0159394
2dd0b54986bb0e38968
15227, PostalCode=
700131, S=West
Pampa NandiBengal,
Debnath SERIALNUMBER=
965e50cc3fa0709cded2
168635dee2247261f62b
bbc47678dd5cb72a133
ee6b9, CN=Pampa
Nandi Debnath
Reason: I am the author
of this document
Location:
Date: 2025.11.01
13:25:14-07'00'
Foxit PDF Reader
Version: 2024.4.0
2 OA 351/1280/2024
For the Applicant : Mr. G.B. Kumar, Counsel
Ms. V. Devi, Counsel
For the Respondents : Mr. R. Kumar, Counsel
ORDER
Per Hon'bleMr. Suchitto Kumar Das, Administrative Member:
1. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief(s):
"A. (i) An order to be passed setting aside the impugned order No. 754 dated 13.08.2024 Passed by the respondent No.6 whereby without deciding the claim of the applicant on merit rejected the same and all subsequent orders passed on the basis of the impugned order dated 13.08.2024.
(ii) An order to be passed directing the respondent No. 6 to consider the candidature of the applicant for appointment to the post of Assistant Manager in terms of the vacancy notice dated 28.04.2023 followed by the merit list dated 21.10.2023 under the respondent No. 6.
B. An order be passed directing the respondent authorities to transmit the original records of the case before this Hon'ble court, so that after perusing the same conscionable justice may be rendered to the applicant.
C. Any other relief or relief's, order or orders, direction or directions as your Honour deem fit and proper"
2. Facts as narrated by the applicant in her OA are as follows:
Pursuant to the vacancy noticed dated 28.04.2023 published by the Directorate of IP & T, A&N Administration for conducting "Open Competitive Recruitment Examination" for filing up Group 'C' vacant post, the applicant participated in it and qualified in the said examination. Her name was placed at Serial No. 8 in the merit list for the post of Assistant Manager. The respondents called the candidates, whose names appeared in the merit list, for document Digitally signed by Pampa Nandi Debnath DN: C=IN, O=Personal, T=1575, OID.2.5.4.65= 133596280922834876S 4dj74l44OOh8c, Phone= feef9776669c46fe6184e 820dd910dd7d0159394 2dd0b54986bb0e38968 15227, PostalCode= 700131, S=West Pampa NandiBengal, Debnath SERIALNUMBER= 965e50cc3fa0709cded2 168635dee2247261f62b bbc47678dd5cb72a133 ee6b9, CN=Pampa Nandi Debnath Reason: I am the author of this document Location:
Date: 2025.11.01 13:25:14-07'00' Foxit PDF Reader Version: 2024.4.0 3 OA 351/1280/2024 verification on 27.10.2023. The applicant participated in the said verification process. Thereafter, the applicant did not receive any communicationor call letter for appointment nor had the respondents issued any appointment order in favour of any other candidates. The applicant came to know that candidates placed at serial Nos. 1 to 7 in the provisional merit list for the post of Assistant Manager did not possess the requisite qualification as found during document verification.
Therefore, she submitted detailed representations before the competent authority on 22.04.2024 to consider her for appointment to the said post.
However, the said representation remains un-answered. Hence this OA.
3. The applicant filed OA. No. 351/900/2024 praying for appointment as Assistant Manager. This OA was disposed of on 04.07.2024 at admission stage without entering into its merits by the following orders:
"7. Considering the above submission, and without expressing any opinion on the merit of the claim of the applicant, we deem it fit to dispose of this OA at admission stage, with a direction upon the respondent/competent authority to consider and decide the pending representations of the applicant dated 22.04.2024, followed by further representation dated 07.05.2024 as well as on 18.06.2024, if not already considered.
It is expected that the competent authority shall consider and decide the pending representation of the applicant as per extant rules and in light of various judgments of the Hon'ble Apex Court relating to higher educational qualification of candidate expeditiously, and pass a reasoned and speaking order. The respondents are further directed to communicate the decision thereon to the applicant expeditiously not later than 30 days from today."
4. Respondents passed a speaking order dated 13.08.2024 whereby the applicant was informed that the respondents were considering cancellation of the selection process. The applicant has filed this OA challenging the cancellation of Digitally signed by Pampa Nandi Debnath DN: C=IN, O=Personal, T=1575, OID.2.5.4.65= 133596280922834876S 4dj74l44OOh8c, Phone= feef9776669c46fe6184e 820dd910dd7d0159394 2dd0b54986bb0e38968 15227, PostalCode= 700131, S=West Pampa NandiBengal, Debnath SERIALNUMBER= 965e50cc3fa0709cded2 168635dee2247261f62b bbc47678dd5cb72a133 ee6b9, CN=Pampa Nandi Debnath Reason: I am the author of this document Location:
Date: 2025.11.01 13:25:14-07'00' Foxit PDF Reader Version: 2024.4.0 4 OA 351/1280/2024 the selection process and praying for her appointment as Assistant Manager, as per earlier employment notice dated 28.04.2023.
5. The applicant has taken the following grounds in support of her claim:
(i) Respondent No. 6 while passing the order impugned dated 13.08.2024 failed to consider the order of this Hon'ble Court passed in OA. 351/900/2024 on 04.07.2024 in its true spirit, as this Court directed the respondent no. 6 to consider the representation of the applicant in the light of the extant rules and in the light of various judgment of the Hon'ble Apex Court relating to higher educational qualification of candidates.
(ii) Respondent No. 6 while passing the order impugned dated 13.08.2024 has not decided the issue whether possession of higher qualification can be a ground for rejection of candidature of the applicant.
(iii) Respondent no. 6 ought to have acted within the parameter of the recruitment rule existing for the post of Assistant Manager.
(iv) When the paper publication was made seeking certain requisite qualification in terms of the said recruitment rule and the process of recruitment was processed further and was culminated after verification of the documents, the respondent No. 6 cannot now take the ground that the said recruitment rule is an old recruitment rule.
(v) The said recruitment rule is promulgated under Article 309 of the constitution of India and unless and until the same is amended or modified, it governs the affair of appointment to the said post of Assistant Manager.
Digitally signed by Pampa Nandi Debnath DN: C=IN, O=Personal, T=1575, OID.2.5.4.65= 133596280922834876S 4dj74l44OOh8c, Phone= feef9776669c46fe6184e 820dd910dd7d0159394 2dd0b54986bb0e38968 15227, PostalCode= 700131, S=WestPampa NandiBengal, Debnath SERIALNUMBER= 965e50cc3fa0709cded2 168635dee2247261f62b bbc47678dd5cb72a133 ee6b9, CN=Pampa Nandi Debnath Reason: I am the author of this document Location:
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5 OA 351/1280/2024
(vi) There is no discrepancy in educational qualification requirement in terms of the said recruitment rule. The applicant fulfils the eligibility criteria in terms of the said recruitment rule and is having higher qualification in the said stream, therefore the respondent No. 6 is under legal obligation to consider the candidature of the applicant in terms of the said recruitment rule.
(vii) The vacancy notice for the post of Assistant Manager was not published in a day, rather process was adopted by department to fill up the said post of Assistant Manager and only thereafter the vacancy notice was published knowing fully well the education qualification and recruitment in terms of the said recruitment rule.
(viii) The respondent while passing the order impugned dated 13.08.2024 failed to consider the judgments of the Supreme Court wherein it was categorically held that, if a person has acquired higher qualification in the same faculty, such qualification can certainly be stated to presuppose the acquisition of the lower qualifications prescribed for the post. Applicant cites the judgment of the Hon'ble Supreme Court in JyotiK. K. vs. Kerala Public Service Commission in 2002 O Supreme (SC) 350.
(ix) If the administration is of the view that only diploma in Tourism and Travel Management should have applied to the said post of the Assistant Manager, it should have excluded such candidate who possess higher qualification and it should have been made clear that degree holder or Master degree Holder shall not to be eligible to apply for such post.
Digitally signed by Pampa Nandi Debnath DN: C=IN, O=Personal, T=1575, OID.2.5.4.65= 133596280922834876S 4dj74l44OOh8c, Phone= feef9776669c46fe6184e 820dd910dd7d0159394 2dd0b54986bb0e38968 15227, PostalCode= 700131, S=WestPampa NandiBengal, Debnath SERIALNUMBER= 965e50cc3fa0709cded2 168635dee2247261f62b bbc47678dd5cb72a133 ee6b9, CN=Pampa Nandi Debnath Reason: I am the author of this document Location:
Date: 2025.11.01 13:25:14-07'00' Foxit PDF Reader Version: 2024.4.0
6 OA 351/1280/2024
(x) When the position is not clear whether to debar a person with a higher qualification, it becomes clear that the rule could be understood in an appropriate manner.
6. Learned counsel for the respondents submits that on scrutiny of candidates, it was revealed that the candidate at Sl. No. 01 (in the merit) possesses the qualification of Bachelor of Business Administration in Tourism and Travel Management whereas, the requisite essential qualification for the post of Assistant Manager is "Degree from a recognized university with Diploma in Tourism and Travel Management from a recognized institute" as per existing RR.
Also one ShriR. Vivek Kumar possesses the qualification of Bachelor of Technology in Computer Science and Engineering and Master of Business Administration (Tourism).
The applicant Smti. C.Raveena possesses the qualification of B.Sc. in Catering Science & Hotel Management and Master of Tourism & Travel Management.
None of the abovementioned candidates possessed a Diploma in Tourism and Travel Management as required under the existing RRs. However, they possessed other degrees in Tourism and/or Travel Management. Therefore, the respondent department approached the Personnel section of Administration for clarification with regard to the consideration of educational qualification of the candidature and a direction was received that "while considering the eligibility of educational qualifications of the candidates, the Administrative Department may decide strictly as prescribed in the existing RR no deviation to be permitted in this regard".
Digitally signed by Pampa Nandi Debnath DN: C=IN, O=Personal, T=1575, OID.2.5.4.65= 133596280922834876S 4dj74l44OOh8c, Phone= feef9776669c46fe6184e 820dd910dd7d0159394 2dd0b54986bb0e38968 15227, PostalCode= 700131, S=WestPampa NandiBengal, Debnath SERIALNUMBER= 965e50cc3fa0709cded2 168635dee2247261f62b bbc47678dd5cb72a133 ee6b9, CN=Pampa Nandi Debnath Reason: I am the author of this document Location:
Date: 2025.11.01 13:25:14-07'00' Foxit PDF Reader Version: 2024.4.0
7 OA 351/1280/2024 Respondents further submits that even if the case of Smti. C. Raveena (the applicant) is to be considered relying on the Hon'ble Supreme Court judgment dated 13.03.2022 (Jyothi KK vs. Kerala Public Commission), it is mostly likely that candidate at Sl. No. 04 Shri R. Vivek who possesses the qualification of Bachelor of Technology in Computer Science & Engineering and Master of Business Administration (Tourism) will also have to be considered as eligible. Shri Vivek is working as "GR & IEC Manager" on contract basis since 19.07.2021 under A&N Union Territory Health Mission, Directorate of Health Services, A&N Administration, therefore, he is eligible for age relaxation. Therefore, he was shortlisted by the department.
7. Learned counsel for the respondents also submits that in view of the above facts and also the fact that the RR of these posts were framed long back and reviewed from time to time, but the essential education qualification incorporated in the RR do not meet the current educational qualifications (Degree/Diploma) of the applicant and need to be amended according to the present requirements of the post. As a number of complaints have been received and the RRs are confusing and very old, the Department has proposed for cancellation of the current Recruitment process for the post of Assistant Manager along with 3 other posts.
8. Learned counsel for the respondents further submits that it has been proposed to constitute a committee to consider the issue of cancellation of the Selection Process due to the presence of more than one candidate possessing identical qualifications for a single position. Consequently, the department has resolved to cancel the current selection process in its entirety to maintain the principles of fairness and transparency. A Committee under the Chairmanship of Digitally signed by Pampa Nandi Debnath DN: C=IN, O=Personal, T=1575, OID.2.5.4.65= 133596280922834876S 4dj74l44OOh8c, Phone= feef9776669c46fe6184e 820dd910dd7d0159394 2dd0b54986bb0e38968 15227, PostalCode= 700131, S=West Pampa NandiBengal, Debnath SERIALNUMBER= 965e50cc3fa0709cded2 168635dee2247261f62b bbc47678dd5cb72a133 ee6b9, CN=Pampa Nandi Debnath Reason: I am the author of this document Location:
Date: 2025.11.01 13:25:14-07'00' Foxit PDF Reader Version: 2024.4.0 8 OA 351/1280/2024 the Secretary (Personnel), Secretary (Law) and Secretary (IP&T) has been constituted to thoroughly examine the matter and direct further course of action.
9. Learned counsel for the respondents submits that the Supreme Court of India in Union of India & Anr. vs. Himanshu Prabhakar & Ors. (2019) has affirmed that passing a higher level examination does not automatically imply passing a lower level exam due to the distinct qualifications and syllabi for each. This principle ensures fairness and transparency in selection processes, the same principle may be applied to this recruitment process to ensure a fair and just outcome.
10. The applicant has filed her rejoinder and reiterated the points made in her OA. In addition, she has specifically stated in her rejoinder that R. Vivek had an MBA in Tourism which is not equivalent to Diploma in Tourism and Travel. Aslo R. Vivek is not eligible for age relaxation in terms of the Administration's circular dated 19.09.2011 as the post of Assistant Manager in the Directorate of IP & T is not a general post but a technical post.
11. Heard the parties. Perused the material on record.
12. It is noted that the applicant was short listed as an eligible candidate at Sl.
No. 8. It is her claim that she is the only short listed candidate who possesses the essential qualification in the form of a Master Degree in Travel and Tourism. In her representation to the authorities as well as in her rejoinder she has argued against the candidature of R. Vivek figuring at Sl. No. 4. However, none of the seven candidates including R. Vivek who are placed ahead of her in the list have been impleaded in the case by her as respondents. Interest of all the seven candidates placed above the applicant would be prejudiced in the event of the Digitally signed by Pampa Nandi Debnath DN: C=IN, O=Personal, T=1575, OID.2.5.4.65= 133596280922834876S 4dj74l44OOh8c, Phone= feef9776669c46fe6184e 820dd910dd7d0159394 2dd0b54986bb0e38968 15227, PostalCode= 700131, S=West Pampa NandiBengal, Debnath SERIALNUMBER= 965e50cc3fa0709cded2 168635dee2247261f62b bbc47678dd5cb72a133 ee6b9, CN=Pampa Nandi Debnath Reason: I am the author of this document Location:
Date: 2025.11.01 13:25:14-07'00' Foxit PDF Reader Version: 2024.4.0
9 OA 351/1280/2024 applicant getting the appointment which is one of the reliefs claimed by the applicant. To that extent, the other 7 candidates more particularly R. Vivekstand to be affected by the outcome of the OA. These candidates should therefore have been impleaded as respondents in the OA. The OA, therefore, suffers from non-
joinder of essential parties.
13. As far as the merits of the case are concerned following issues are framed for adjudication:
(i) Whether the Master's degree possessed by the applicant in Tourism and Travel can be considered as a higher qualification which presupposes the acquiring of the prescribed lower qualification.
(ii) Whether the applicant is the only candidate among those shortlisted for document verification to possess such essential qualification.
(iii) Whether the cancellation of the process of recruitment by the respondents after publication of employment notice, conducting the written examination, publication of merit list of candidates short listed for document verification and conclusion of the verification process, is legally sustainable.
14. The applicant has relied on Jyoti K. K.(supra). We have gone through the cited judgment of the Hon'ble Supreme Court in the case. In Jyoti K. K., the dispute involved Diploma in Electrical Engineering which was the minimum qualification prescribed for the post of Sub-Engineers and the Degree in Engineering possessed by the petitioners. The Hon'ble Supreme Court held that possession of a higher qualification of degree in the same stream of engineering presupposes acquisition of a lower qualification of diploma on the following grounds:
Digitally signed by Pampa Nandi Debnath DN: C=IN, O=Personal, T=1575, OID.2.5.4.65= 133596280922834876S 4dj74l44OOh8c, Phone= feef9776669c46fe6184e 820dd910dd7d0159394 2dd0b54986bb0e38968 15227, PostalCode= 700131, S=WestPampa NandiBengal, Debnath SERIALNUMBER= 965e50cc3fa0709cded2 168635dee2247261f62b bbc47678dd5cb72a133 ee6b9, CN=Pampa Nandi Debnath Reason: I am the author of this document Location:
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(i) It was specifically provided in the relevant rules of the respondent organization of Kerala Public Service Commission that:
"NOTWITHSTANDING anything contained in these rules or in the special rules, the qualifications recognised by executive orders or standing orders of government as equivalent to a qualification specified for a post in the special rules and such of those higher qualifications which presuppose the acquisition of the lower qualification prescribed for the post shall also be sufficient for the post."
(ii) Essential qualification for the post of Assistant Engineer, which was a post higher than the Sub-Engineer, was a degree in Electrical Engineering. This implied that the Diploma required for the post of Sub Engineering was subsumed in the Degree in Electrical Engineering which the applicant possessed.
15. Neither of the above two grounds apply to the present case. Moreover, Engineering is a well structuredtechnical subject where the hierarchy of qualifications , i.e. Diploma, Degree and Masters are well established and in the event of a possession of a higher qualification by a candidate, it can be reasonably assumed that he or she possesses the qualification associated with a degree/diploma, next below in the hierarchy.
Tourism and Travel Management does not lend itself to such certainty as is exemplified by the fact that these subjects offer Masters course by themselves as well as are a part of BBA/MBA courses. In the circumstances, we agree with the submission of the respondent organization that consideration of the applicant's case for equivalence in essential qualification will legitimately give rise to similar claims from the candidates who possess BBA/MBA degrees in Tourism.
Digitally signed by Pampa Nandi Debnath DN: C=IN, O=Personal, T=1575, OID.2.5.4.65= 133596280922834876S 4dj74l44OOh8c, Phone= feef9776669c46fe6184e 820dd910dd7d0159394 2dd0b54986bb0e38968 15227, PostalCode= 700131, S=WestPampa NandiBengal, Debnath SERIALNUMBER= 965e50cc3fa0709cded2 168635dee2247261f62b bbc47678dd5cb72a133 ee6b9, CN=Pampa Nandi Debnath Reason: I am the author of this document Location:
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16. It is not for this Court to decide whether a Masters in Tourism and Travel Management or a BBA/MBA in Tourism can be treated as equivalent to a Diploma in Tourism and Travel Management which is the minimum qualification prescribed for the post of Assistant Manager. We find ourselves in agreement with the respondents that in view of the lack of clarity in the matter, essential qualification prescribed in the RRs and as published in the vacancy notice should be treated as sacrosanct and immutable without any attempts to find equivalence. We find from the submissions made by the respondents that they are yet to take a final decision with regard to cancellation of the selection process at the appropriate level of authority, though a recommendation for cancellation of the selection had been made by the Director (IP&T). The challenge to alleged cancellation is therefore premature and need not be adjudicated at this stage.
17. In view of the discussion above, we do not find merit in the claim of the applicant as contained in the OA, nor do we find any lacuna in the action of the respondents.
18. OA is accordingly dismissed on merit. No costs.
(Suchitto Kumar Das) (UrmitaDatta (Sen)) Administrative Member Judicial Member pd/db Digitally signed by Pampa Nandi Debnath DN: C=IN, O=Personal, T=1575, OID.2.5.4.65= 133596280922834876S 4dj74l44OOh8c, Phone= feef9776669c46fe6184e 820dd910dd7d0159394 2dd0b54986bb0e38968 15227, PostalCode= 700131, S=West Pampa NandiBengal, Debnath SERIALNUMBER= 965e50cc3fa0709cded2 168635dee2247261f62b bbc47678dd5cb72a133 ee6b9, CN=Pampa Nandi Debnath Reason: I am the author of this document Location:
Date: 2025.11.01 13:25:14-07'00' Foxit PDF Reader Version: 2024.4.0