Central Administrative Tribunal - Delhi
Rohtash vs Govt. Of Nctd on 16 April, 2019
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH: NEW DELHI
O.A. No.2736 of 2018
This the 16th day of April, 2019
Hon'ble Ms. Nita Chowdhury, Member (A)
Hon'ble Mr. S.N. Terdal, Member (J)
1. Rohtash
Aged about 21 years,
S/o Angad Ram
R/o A-75-A Mange Ram Park, Budh Vihar, Phase-2,
Delhi-110086
Mob. No. 7838433075
Post: Assistant Primary Teacher
Post Code: 89/17
Group - B
2. Satya Kumari
Aged about 28 years,
D/o Ram Parag
R/o U-1-301, Prem Nagar, 2nd Rivari, Suleman Nagar,
Delhi-110086
Mob. No. 9013333392
Post: Assistant Primary Teacher
Post Code: 89/17
Group - B
3. Sanjay Kumar
Aged about 25 years,
S/o Kaptan Singh
R/o VPO Kunwar, Teh. Bawani Khera, Distt. Bhiwani,
State Haryana-127041
Mob. No. 9812110310
Post: TGT (Maths), PGT (English)
Post Code: 133/17, 108/17
Group - B
4. Parmod
Aged about 25 years,
S/o Sadhu Ram
R/o VPO Majra D., Teh. Beri Distt. Jhajjar, Haryana
Mob. No. 9017060974
2
Post: TGT (Maths)
Post Code: 133/17
Group - B
5. Dheeraj Singh
Aged about 30 years,
S/o Ranveer Singh
R/o Village Post Amoli, Teh. Weir, Dist. Bharatpur,
Rajasthan-321407
Mob. No. 7011320706
Post: TGT (Natural Science)
Post Code: 135/17
Group - B
6. Suchitra Rani
Aged about 32 years,
D/o Harlal Singh
R/o 57-B, Bank Colony, Delhi-110093
Mob. No. 7290041753
Post: Assistant Primary Teacher
Post Code: 89/17
Group - B
7. Pratibha
Aged about 29 years,
D/o Vijender Kumar
R/o H. No. 52, Kain Niwas Main Road, Johripur, Delhi
Mob. No. 9811866515
Post: Assistant Primary Teacher
Post Code: 89/17
Group - B
8. Pooja
Aged about 19 years,
D/o Tilak Raj
R/o VPO Loharheri, Teh. Bahadur Garh, Distt. Jhajjar,
Haryana
Mob. No. 9812118136, 8059379934
Post: Assistant Primary Teacher
Post Code: 89/17
Group - B
9. Deepika
Aged about 34 years,
3
D/o H. N. Arora
R/o D-3/36, G. F. Sector-11, Rohini, Delhi-110085
Mob. No. 7838724350, 9810765200
Post: Assistant Primary Teacher
Post Code: 89/17
Group - B
10. Geeta Rana
Aged about 35 years,
D/o Umed Singh Rana
R/o H. No. 235, Near Railway Crossing, Khera Kalan,
Delhi
Mob. No. 9810190250
Post: Assistant Primary Teacher
Post Code: 89/17
Group - B
11. Rashi Rani
Aged about 32 years,
D/o Rohit Kumar
R/o H. No. 97-98, Ground Floor, Pocket-4, Sector-25,
Rohini, Delhi-110085
Mob. No. 9650094219, 8130829861
Post: Assistant Primary Teacher
Post Code: 89/17
Group - B
12. Sandeep Rana
Aged about 32 years,
D/o Gyan Chanda Rana
R/o Type- 111/34, Audit Colony, PO New Forest Indra
Nagar Dehradun Uttarakhand-248006
Mob. No. 7895408741
Post: Special Education Teacher
Post Code: 87/17
Group - B
13. Suraj Kumar
Aged about 87 years,
S/o Raj Kumar
R/o 160, Ambedkar Colony, Kannely Road, Rohtak
Haryana-124001
Mob. No. 9896948565
Post: Special Education Teacher
4
Post Code: 87/17
Group - B
14. Deepak Kumar
Aged about 34 years,
S/o Bharat Singh,
R/o VPO Thana Khurd, Teh. Kharkhoda, Distt. Sonepat
Haryana
Mob. No. 9813881083
Post: Special Education Teacher
Post Code: 87/17
Group - B
15. Sharmila
Aged about 38 years,
D/o Ramdhan
R/o VPO Nizampur, Majra Farhana Distt. Sonepat
Haryana-131408
Mob. No. 8221880138
Post: PGT (Hindi)
Post Code: 111/17
Group - B
16. Shiv Kumar
Aged about 40 years,
S/o Ramphal
R/o Village Girawar, PO Jondhi, Teh. & Distt. Jhajjar -
124103
Mob. No. 9467113969
Post: Special Education Teacher
Post Code: 87/17
Group - B
17. Diksha Vashishta
Aged about 26 years,
D/o Balbir Vashishta
R/o B-289/290, Ground Floor, Gandhi Vihar, Delhi-
110009
Mob. No. 9971536964, 8826701258
Post: Assistant Primary Teacher
Post Code: 89/17
Group - B
5
18. Amit Kumar
Aged about 31 years,
S/o Late Shree Babu Lal
R/o C-9/292Sultanpuri, New Delhi-110086
Mob. No. 9958511715, 8700039723
Post: Assistant Primary Teacher
Post Code: 89/17
Group - B
19. Rachna
Aged about 29 years,
D/o Mohan Lal
R/o D-I-40, Madangir, R. Ambedkar Nagar Sector-IV,
New Delhi-110062
Mob. No. 9582474366
Post: Assistant Primary Teacher
Post Code: 89/17
Group - B
20. Ritu
Aged about 23years,
D/o Vijay Singh
R/o D1/6, Dayal Pur, Delhi-110094
Mob. No. 9910909129
Post: Assistant Primary Teacher
Post Code: 89/17
Group - B
21. Rekha Gupta
Aged about 33years,
D/o Nandlal Gupta
R/o A-75 Sainik Enclave, Vikas Nagar, Uttam Nagar,
Delhi
Mob. No. 9999656835
Post: TGT (Maths)
Post Code: 134/17
Group - B
22. Monika
Aged about 34years,
D/o Ramesh Kumar
R/o RZ-232, 233, T-Ext Vishwas Park Uttam Nagar,
Delhi-110059
Mob. No. 9868013591, 8851787873
6
Post: TGT (Maths), TGT (English), TGT (Hindi)
Post Code: 134/17, 132/17, 141/17
Group - B
23. Tushar Kant Sharma
Aged about 33 years,
S/o Mahesh Kumar Sharma
R/o H. No. DR 224 Shiv Shakti Sadan,Shyam Vihar,
Palwal Charyana 121102
Mob. No.9802335999
Post: Special Education Teacher, Drawing Teacher, TGT
(Maths) (Male), TGT (Hindi) (Male)
Post Code: 87/17, 91/17, 133/17, 140/17
Group - B
24. Priyanka
Aged about 26 years,
D/o Ravinder
R/o H. No. 65, Extn. 2C, Nangloi, Delhi-110041
Mob. No. 9671883056, 9953016460
Post: TGT (Maths) TGT (Natural Science),
Post Code: 134/17, 136/17
Group - B
25. Gayatri Devi
Aged about 29years,
D/o Satyanarayan
R/o 87, Nanbera Road, Adnmi (56) Panipat, Haryana-
132103
Mob. No. 08826850211
Post: Assistant Primary Teacher
Post Code: 89/17
Group - B
26. Kanta
Aged about 24 years,
D/o Mathura Prasad
R/o 23/95, Block-08, Budh Bazar, Geeta Colony, Delhi-
110031
Mob. No. 7503891930
Post: TGT (Social Science)
Post Code: 138/17
Group - B
7
27. Nidhi Sharma
Aged about 28 years,
D/o Nagender Kumar Sharma
R/o 10/98, 2nd Floor, Geeta Colony, Delhi-110031
Mob. No. 9810473781
Post: Assistant Primary Teacher, TGT (Social Science),
TGT (Hindi)
Post Code: 89/17, 138/17, 141/17
Group - B
28. Anita Rai
Aged about 24 years,
D/o Pyare Lal Rai
R/o D-786, Inder Enclave, Phase-I, Kirari Nagloi, Delhi-
110086
Mob. No. 9717662168
Post: Special Education Teacher Assistant Primary
Teacher,
Post Code: 87/17, 89/17
Group - B
29. Sonia
Aged about 27 years,
D/o Diwan Singh
R/o RZA-82, Naya Bazar, Najafgarh, New Delhi-110043
Mob. No. 8448256577, 9654797611
Post: Assistant Primary Teacher
Post Code: 89/17
Group - B
30. Babita
Aged about 27 years,
D/o Bhagat Singh Chauhan
R/o C24-C, Pashim Puri, Punjabi Bagh, Delhi-110063
Mob. No. 8512084610
Post: TGT (Hindi)
Post Code: 141/17
Group - B
31. Shrishti Gaur
Aged about 24 years,
D/o Tarun Gaur
R/o H. No. 566, Chirag Delhi, New Delhi-110017
Mob. No. 9811586199
8
Post: Assistant Primary Teacher
Post Code: 89/17
Group - B
32. Virender
Aged about 25 years,
S/o Subhas
R/o Main Nizampur Road, Near Samadhi VPO Parnala
Bahadurgarh, Jhajjat Haryana
Mob. No. 9050098372, 9813171790
Post: Assistant Primary Teacher
Post Code: 89/17
Group - B
33. Nishant Drall
Aged about 23 years,
S/o Raghubir Singh
R/o H. No. 133 Near Gandhi Chowk Tehlaan Panna,
Village Neelwal PO Tikari New Delhi-110041
Mob. No. 9953183679, 9650689956
Post: Assistant Primary Teacher
Post Code: 89/17
Group - B
34. Jagdeep Rathee
Aged about 30 years,
S/o Jai Bhagwan Rathee
R/o A-102-A, Ashok Vihar, New Delhi-110052
Mob. No. 9953443308
Post: TGT Maths
Post Code: 133/17
Group - B
35. Rashmi Singh
Aged about 30 years,
D/o Badripashad Singh
R/o M-96, Rama Krishna Apartment, Plot No. 29, 7P
Extn. Delhi-110092
Mob. No. 9818209067
Post: Special Education Teacehr
Post Code: 87/17
Group - B
9
36. Jyoti Jain
Aged about 38 years,
D/o Laxmi Narayan
R/o 180 (2nd Floor)/11/C4E, Janakpuri, New Delhi-
110058
Mob. No. 9999779635
Post: TGT (English), TGT (Social Science)
Post Code: 132/17, 138/17
Group - B
37. Aradhana Singh
Aged about 37 years,
D/o Avdesh Bahadur Singh
R/o M-96, Rama Krishna Apartment, Plot No. 29, 7P
Extn. Delhi-110092
Mob. No. 9711343745
Post: Special Education Teacehr
Post Code: 87/17
Group - B
38. Hansika
Aged about 24 years,
D/o Ram Mehar Singh
R/o H. No. B-27, Main Nala Road, Bhagirathi, Delhi-
110094
Mob. No. 9999159391
Post: Assistant Primary Teacher
Post Code: 89/17
Group - B
39. Geeta
Aged about 42 years,
D/o Sunder Ram
R/o H. No. 23/B, Village Moti Bagh, New Delhi-110021
Mob. No. 9599757395
Post: Special Education Teacher
Post Code: 87/17
Group - B
40. Neeru Nain
Aged about 26 years,
D/o Jagpal Singh Nain
R/o H. No. 706, VPO Pooth Khurd Delhi
Mob. No. 7982422432, 9873888752
10
Post: Assistant Primary Teacher
Post Code: 89/17
Group - B
41. Isha Sharma
Aged about 31 years,
D/o Gyanandar Kumar Sharma
R/o H-20, West Sagarpur, Welcome Chowk, New Delhi-
110046
Mob. No. 9911239100
Post: TGT (Social Science)
Post Code: 138/17
Group - B
42. Rajrani Devi
Aged about 29 years,
D/o Rampal
R/o H. No. 783/25, West Ram Nagar, Gali No.2,
Sonipat, Haryana
Mob. No. 9053304071
Post: Assisant Primary Teacher
Post Code: 89/17
Group - B
43. Harender
Aged about 29 years,
S/o Ram Kumar
R/o H. No. 980/24, Mission Chowk Sonipat, Haryana
Mob. No. 9991117171
Post: TGT (Social Science)
Post Code: 137/17
Group - B
44. Reena
Aged about 23 years,
D/o Krishan Kumar
R/o H. No. 622, Village Munka Near Guga Park New
Delhi-110041
Mob. No. 9871004812
Post: Assistant Primary Teacher
Post Code: 89/17
Group - B
11
45. Divya Raman
Aged about 23 years,
D/o Ajit Singh
R/o Saraswati Sr. Sec. School, Near Petrol Pump,
murthal, Sonepat, Haryana
Mob. No. 9813365329, 8397813672
Post: Assisant Primary Teacher
Post Code: 89/17
Group - B
46. Rekha Rani
Aged about 25 years,
D/o Rampal Singh
R/o H. No. 980/24, Mission Chowk, Sonepat, Haryana-
131001
Mob. No. 8398053346, 9991117171
Post: TGT (Natural Science)
Post Code: 136/17
Group - B
47. Nisha
Aged about 25 years,
D/o Surender Singh
R/o H. No. 326, Main Road Village Mohammad Pur
Majri
Mob. No. 9899766556
Post: TGT (Hindi), TGT (Social Science)
Post Code: 141/17, 138/17
Group - B
48. Rinku Kumari
Aged about 26 years,
D/o Suraj Singh
R/o VPO Rajlu Garhi, Tehsil Ganaur, Distt. Sonipat,
Haryana
Mob. No. 7015784510, 7988727989
Post: Assisant Primary Teacher
Post Code: 89/17
Group - B
49. Sunil
Aged about 21 years,
S/o Surender Kumar
12
R/o H. No. 196, VPO Akbarpur Barota Sonipat,
Haryana
Mob. No. 8814903433
Post: Assisant Primary Teacher
Post Code: 89/17
Group - B
50. Deepak Antil
Aged about 22 years,
S/o Jitender Antil
R/o VPO Hassanpur, Distt. Sonipat, Haryana
Mob. No. 9050654386
Post: Assisant Primary Teacher
Post Code: 89/17
Group - B
51. Arushi Sharma
Aged about 24 years,
D/o Deepak Sharma
R/o H. No. 1/5269, Street No. 10, Balbir Nagar,
Shahdara, Delhi-110032
Mob. No. 8586958299
Post: TGT (Maths)
Post Code: 134/17
Group - B
52. Monika Kumari
Aged about 28 years,
D/o Mahabir Singh
R/o H. No. 459, VPO Kundli, Distt. Sonipat,
Haryana-131028
Mob. No. 9654106338
Post: TGT (Maths), TGT (Social Science)
Post Code: 134/17, 141/17
Group - B
53. Asmita Verma
Aged about 25 years,
D/o Rajesh Kumar
R/o C-32, Anand Vihar, Uttam Nagar, Main Nazafgarh
Road, New Delhi-110059
Mob. No. 9911431199
Post: Assisant Primary Teacher
Post Code: 89/17
Group - B
13
54. Pooja Chhillar
Aged about 24 years,
D/o Jagbir Chhillar
R/o VPO Bamnoli Tehsil Bahadurgarh Distt. Jhajjar
Haryana
Mob. No. 8683050903
Post: Assisant Primary Teacher
Post Code: 89/17
Group - B
55. Anjali Dahiya
Aged about 27 years,
D/o Jagvir Dahiya
R/o H. No. 178, Village Rasulpur Khera, New Delhi-
110081
Mob. No. 9871579070
Post: TGT (Maths), TGT (Natural Science)
Post Code: 134/17, 136/17
Group - B
56. Kajal Thakran
Aged about 25 years,
D/o Inder Singh Thakran
R/o H. No. 1509, Sector-46, Jal Vihar Colony, Delhi
Mob. No. 964377678, 9911624555
Post: Assisant Primary Teacher
Post Code: 89/17
Group - B
57. Richa
Aged about 21 years,
D/o Satish Kumar
R/o Village Madan Pur Dabas PO Rani Khera, Delhi-
110081
Mob. No. 9711677352
Post: Assistant Teacher (Nursery), Assisant Primary
Teacher
Post Code: 88/17, 89/17
Group - B
58. Naziya Parveen
Aged about 20 years,
D/o Sartaj Ali Chaudhary
14
R/o 123-B, Street No.4, Rajiv Gandhi Nagar New
Mustafabad, Delhi-110094
Mob. No. 9456714786, 9211479200
Post: Assisant Primary Teacher
Post Code: 89/17
Group - B
59. Himanshi
Aged about 23 years,
D/o Karamveer
R/o B-717, Bunker Colony, Ashok Vihar, Phase-4,
Delhi-110052
Mob. No. 9811878130, 9871541960
Post: Assisant Primary Teacher
Post Code: 89/17
Group - B
60. Parveen
Aged about 29 years,
S/o Bhagwan
R/o VPO-Pehrawar, Distt. Rohtak, State Haryana-
124001
Mob. No. 9812354033
Post: TGT (Social Science)
Post Code: 137/17
Group - B
61. Neha
Aged about 26 years,
D/o Dharm Pal
R/o VPO-Kharawar, Pana Durgan, Tehsil Sampla,
District Rohtak Haryana-124021
Mob. No. 9017371174
Post: Assisant Primary Teacher
Post Code: 89/17
Group - B
62. Indu Gaur
Aged about 34 years,
D/o Shiv Rattan Gaur
R/o 192, First Floor, Pocket-21, Sectir-24, Rohini, Delhi
Mob. No. 9999020572
Post: TGT (Social Science) (Female)
Post Code: 138/17
Group - B
15
63. Jyoti
Aged about 30 years,
D/o Ashok Kumar
R/o VPO Bhanfsi, Tehsil Khatauli Distt. Muzaffer Nagar,
Uttar Pradesh-251201
Mob. No. 8650704551
Post: TGT (Maths) (Female)
Post Code: 134/17
Group - B
64. Vaneeta Tyagi
Aged about 28 years,
D/o Satish Tyagi
R/o KH-1/132, Vikas Puri, New Delhi-110018
Mob. No. 9013333391, 9968299679
Post: TGT (Hindi)
Post Code: 141/17
Group - B
65. Hina Parveen
Aged about 24 years,
D/o Farman Ali
R/o A-58/2, Abul Fazal Enclave-2, Shaheen Bagh,
Jamia Nagar New Delhi-110025
Mob. No. 9718013144, 9555933413
Post: Special Education Teacher, TGT (Hindi) (Female)
Post Code: 87/17, 141/17
Group - B
66. Renu
Aged about 27 years,
D/o Kapil
R/o 10652/7, Pratap Nagar, Delhi-110007
Mob. No. 8448636892
Post: Assisant Primary Teacher
Post Code: 89/17
Group - B .....Applicants
(By Advocate : Mr. TT Lepcha for Mr. Anuj Aggarwal)
Versus
1. Govt. of NCT of Delhi
Through the Chief Secretary
16
Secretariat, I.P. Estate,
New Delhi - 110002
2. Union of India
Through its Secretary
Ministry of Human Resource & Development,
Shastri Bhawan,
New Delhi-110001
3. Delhi Subordinate Services Selection Board (DSSSB)
Through its Chairman
Govt. of NCT of Delhi,
FC-18, Institutional Area,
Karkardooma, Delhi - 110092
4. The Director of Education,
Directorate of Education,
Govt. of NCT of Delhi
Old Secretariat Building,
Civil Lines, Delhi-110054
5. Central Board of Secondary Education (CBSE)
Through its Chairman
Shiksha Kendra, 2, Community Centre,
Preet Vihar, Delhi-110092 ...Respondents
(By Adv.: Sh.Anuj Kumar Sharma and Ms. Niharika Dudeja
for for Ms. Geetanjali Sharma for R-2)
O R D E R (Oral)
Ms. Nita Chowdhury, Member (A):
By filing this OA, the applicants are seeking direction to the respondents to relax the qualification of Central Teacher Eligibility Test (CTET) in the context of appointment to the various posts applied for by them in pursuance to advertisement No.4/17 dated 20.12.2017 issued by the respondents.
2. We heard learned counsel for parties. During the course of hearing, learned counsel for the respondents has 17 submitted that similar matter has already been decided by this Bench and other Benches of this Tribunal. While deciding the OA No.1916/2018 vide Order dated 26.3.2019, this Bench held as follows:-
2. We heard learned counsel for parties. During the course of hearing, learned counsel for the respondents has produced a copy of the Order dated 14.3.2019 passed in OA Nos.300, 320, 335,345, 1710, 1904, 2741, 2770 and 3084 of 2018 and 770 and 686 of 2019 and also of the Hon'ble Delhi High Court in Writ Petition (Civil) No.11328/2017 (Annu and Others vs. Govt. of NCT of Delhi and others) dated 11.1.2018 and submitted that the issue involved in this case is squarely covered by the said Judgments.
3. We perused the aforesaid Judgment of this Tribunal dated 14.3.2019 and found that in the said batch of O.As., i.e., O.A. No.300/2018, through a detailed judgment, the Coordinate Bench dismissed the similar issue as raised in this case, holding that the qualification of CTET cannot be exempted.
4. Learned counsel for applicants submits that the qualification cannot be insisted, particularly when there are no qualified candidates for the said posts and the posts have been remaining vacant for the past several years. We find that the qualification prescribed is in compliance with Right of Children to Free and Compulsory Education Act, 2009 and hence, the same cannot be exempted/relaxed. Further, Article 309 of the Constitution of India gives the power exclusively to the State to prescribe qualifications for posts as held by the Hon'ble Supreme Court in the case of P.U.Joshi vs. Accountant General (2003)2 SCC 632, the relevant portion of the same reads as under:
"10. We have carefully considered the submissions made on behalf of both parties. Questions relating to the constitution, pattern, nomenclature of posts, cadres, categories, their creation/abolition, prescription of qualifications and other conditions of service including avenues of promotions and criteria to be fulfilled for such promotions pertain to the field of Policy and within the exclusive discretion and jurisdiction of the State, subject, of course, to the limitations or restrictions 18 envisaged in the Constitution of India and it is not for the Statutory Tribunals, at any rate, to direct the Government to have a particular method of recruitment or eligibility criteria or avenues of promotion or impose itself by substituting its views for that of the State. Similarly, it is well open and within the competency of the State to change the rules relating to a service and alter or amend and vary by addition/substruction the qualifications, eligibility criteria and other conditions of service including avenues of promotion, from time to time, as the administrative exigencies may need or necessitate. Likewise, the State by appropriate rules is entitled to amalgamate departments or bifurcate departments into more and constitute different categories of posts or cadres by undertaking further classification, bifurcation or amalgamation as well as reconstitute and restructure the pattern and cadres/categories of service, as may be required from time to time by abolishing existing cadres/posts and creating new cadres/posts. There is no right in any employee of the State to claim that rules governing conditions of his service should be forever the same as the one when he entered service for all purposes and except for ensuring or safeguarding rights or benefits already earned, acquired or accrued at a particular point of time, a Government servant has no right to challenge the authority of the State to amend, alter and bring into force new rules relating to even an existing service."
5. It is further relevant to mention that in the case of Annu and others vs. Govt. of NCT of Delhi (supra), the Hon'ble Delhi High Court held "that advertisement pursuant where to petitioners had applied for post of TGT, had not only laid down eligibility qualifications, but had also stated in no uncertain terms that educational qualifications shall be determined as on closing date of receipt of application. In advertisement, it had clearly stated that, it was for candidates to ensure that they fulfill all eligibility conditions and if upon verification at any subsequent stage, it was found that they did not fulfill any eligibility qualifications, his/her candidature for post would be cancelled by respondent no.3/DSSB. Perusal of conditions clearly show that at time of applying for posts of TGT, candidates should have clear CTET examination and petitioners were well aware of fact that they did not 19 fulfill said mandatory eligibility condition of CTET, as prescribed in advertisement, but they still chose to apply for subject post. As a result, Court find no infirmity in impugned order passed by Tribunal."
6. Following the aforesaid Judgments of the Coordinate Bench in O.A. No.300/2018 & batch and also of the Hon'ble Delhi High Court in Annu's case supra, we do not find any merit in this case and the same is accordingly dismissed. There shall be no order as to costs."
3. In view of the above, we are also of the considered opinion that this case is squarely covered by the aforesaid Order of this Bench and as such the present OA is liable to be dismissed. Accordingly, the same is dismissed. There shall be no order as to costs.
(S.N. Terdal) (Nita Chowdhury)
Member (J) Member (A)
/ravi/