Central Administrative Tribunal - Delhi
Sh. Rajesh Kumar Meena vs Govt. Of Nct Of Delhi on 30 August, 2011
Central Administrative Tribunal
Principal Bench, New Delhi.
OA-3037/2011
New Delhi this the 30th day of August, 2011.
Honble Mrs. Meera Chhibber, Member (J)
Honble Dr. A.K. Mishra, Member (A)
Sh. Rajesh Kumar Meena,
S/o sh. Shambhuu Lal Meena,
Village & PO Bilonakalan,
Tehsil Lalsot, District : Dausha,
Rajasthan. . Applicant
(through Sh. Rakesh Kumar, Advocate)
Versus
1. Govt. of NCT of Delhi
Through Secretary,
Delhi Secretariate,
IP Estate, New Delhi-2.
2. Delhi Subordinate Services Board & Ors.,
FC-18, Institutional Area,
Karkardooma, Delhi-92.
3. Directorate of Education,
Govt. of NCT of Delhi,
Old Secretariate,
Civil Lines, Delhi-54. .. Respondents
O R D E R
Dr. A.K. Mishra, Member (A) This application has been filed seeking the following relief:-
(i) Direct the Respondents to Issue appointment letter to the Applicant for the post of TGT English (Male) with Directorate of Education NCT of Delhi for which the Applicant has duly qualified and selected as per result publish(ed) on 11.03.2011.
(ii) Pass such other or further order(s) this Honble Tribunal may deems fit in the facts and circumstances of the case. Delhi Subordinate Services Selection Board invited applications on 29.01.2010 for appointment to the posts of Trained Graduate Teacher (TGT)/TGT(Male). The last date of submission of application was 15.03.2010 which was also indicated as the cut off date in respect of eligibility relating to educational qualification, age, experience, etc. Later on, an addendum was published by which the number of vacancies was increased considerably, the last date of filing of application was extended to 25.03.2010 but the cut off date for educational qualification, age, experience etc. was retained as 15.03.2010.
2.1 The applicant was permitted to appear in the written examination, the results of the examination were declared on 11.03.2011 and the applicants name was at Serial No. 46 in the merit list under unreserved category. But no appointment order was issued to him. He was informed in response to his application under RTI Act that his name could not be sponsored as he had obtained certificate relating to degree examination on 22.03.2010 beyond the cut off date.
3. Learned counsel for he applicant stressed on the fact that the date for submission of the application was extended in view of increase in the number of notified vacancies but the cut off date for submission of documents relating to eligibility towards educational qualification, etc. was retained arbitrarily at previously notified cut off date of 15.03.2010. The applicant has secured high position in the merit list and he has obtained the requisite certificate relating to his degree examination by 22.03.2010. When the last date was extended to 25.03.2010, there was no reason to retain the old cut off date of 15.03.2010.
4. The law is well settled on the subject. The applicant knew very well that the cut off date was 15.03.2010 when he applied for the post. Having accepted the conditionalties advertised by the DSSSB and sat for the examination, he cannot turn around and question the same conditionalties alleging arbitrariness. The attack of discrimination would have had some force if the cut off date applied differently for different groups of candidates. Even if the last date for receipt of applications was extended upto 25.03.2010, there was no absolute requirement that the cut off date for educational qualification, etc. should be similarly extended. Having prescribed a uniform standard for all the candidates which is not unreasonable, we do not find any reason to interfere with the decision of the respondent authority in enforcing that uniform cut off date for all the candidates. In the circumstances, we do not find any merit in this application, which is accordingly dismissed at the admission stage itself.
(Dr. A.K. Mishra) (Mrs. Meera Chhibber) Member (A) Member (J) /vinita/