Central Administrative Tribunal - Delhi
Sandeep vs Govt. Of Nctd on 4 September, 2024
1
Item No. 40 (C-4) OA 1936/2016
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
O.A No. 1936/2016
Reserved on :28.08.2024
Pronounced on : 04.09.2024
Hon'ble Ms. Harvinder Kaur Oberoi, Member (J)
Hon'ble Dr. Sumeet Jerath, Member (A)
Sandeep
R/o. 280, Village Neelwal,
P.O. Tikri Kala,
New Delhi-110 041. ...Applicant
(By Advocate : Mr. Anil Singal)
Versus
1. GNCTD of Delhi
Chief Secretary,
Delhi Sachivalaya
New Delhi
2. Principal Secretary
Planning Department
6th level B Wing
Delhi Sachivalaya
New Delhi.
3. Delhi Subordinate Services Selection Board
Through its Chairman
FC-18 Institutional Area,
Karkardooma, New Delhi. ...Respondents
(By Advocate : Mr. K. M. Singh)
2
Item No. 40 (C-4) OA 1936/2016
ORDER
Per Hon'ble Dr. Sumeet Jerath, Member (A) :
The instant OA has been filed by the applicant Mr. Sandeep seeking the following reliefs :-
"8 a) quash the rejection notice no. 463 dated 2.5.2016 qua the applicant ;
b) direct the respondent DSSSB to be qualified and eligible as per the RRS and forward the dossier of the applicant to the user department.
c) direct the user department to consider the applicant eligible as the RRS and offer the appointment to the post of STATISTICAL ASSISTANT.
(d) award the costs of proceedings;
e). any other and further relief as deemed fit and property by the Hon'ble Tribunal."
2. The conspectus of the case as per the applicant is that he belongs to the OBC category and in terms of educational qualification is a Bachelor of Computer Application (BCA) from Guru Gobind Singh Indraprastha University and Master of Computer Application (MCA) from Indra Gandhi Open University (IGNOU) and aspires to be an Statistical Assistant in the Planning Department, GNCTD. Pursuant to the advertisement No. 1/14 for the post of Statistical Assistant, the applicant applied for the said post and appeared in the exam wherein he scored 77.25 marks. However, even after document verification, his name was not shown in the final result. Rather, a rejection notice No. 463 3 Item No. 40 (C-4) OA 1936/2016 dated 02.05.216 was issued stating that the 'Qualification not as per RRs.' Hence the present OA.
3. Learned counsel for the applicant drew our attention to the Recruitment Rules (RRs) for the post of Statistical Assistant, Planning Department, Govt. of NCT of Delhi which inter alia are as follows :-
Educational & other qualifications required for direct recruit Essential:
Post Graduate Degree in Statistics Operational Research/Mathematical Statistics/Applied Statistics or Post Graduate Degree in Economics/Mathematics/ Commerce (with Statistics as one of subject/papers in Post Graduation/Graduation level) Note : The candidates who have passed Statistics as one of the papers/subjects including Quantitative Method/Techniques or Costing & Statistics/Basic Statistics / Business Statistics/Introduction to Statistics etc. at Graduation/Post-Graduation level are also eligible. Desirable :
Working Knowledge of Computers He strenuously argued that though the applicant did not have the essential qualifications, he was squarely covered under the Note below the essential qualifications. 'The candidates who have passed Statistics as one of the papers/subjects including Quantitative Method/Techniques or Costing & Statistics/Basic Statistics / Business Statistics/Introduction to Statistics etc. at Graduation/Post-Graduation level are also eligible" 4 Item No. 40 (C-4) OA 1936/2016
He further elaborated that the applicant had studied Mathematics III and IV in the Course - Bachelor of Computer Application (BCA) from Guru Gobind Singh Indraprastha University and secured handsome marks. These courses had exposed him to various topics in Statistics like probability; Probability Distributions and Correlation. Further, while studying for the course on Masters of Computer Applications (MCA) in IGNOU he had inter alia further studied Discrete Mathematics and Advanced Discrete Mathematics. Moreover, he possessed not just working knowledge but proficient knowledge of computer being both a BCA and a MCA.
4. However, this was vehemently opposed by the learned counsel of the respondents who vociferously argued that since the applicant's qualifications did not match with the qualifications as prescribed in the RRs notified by the user department hence his candidature was rejected vide Rejection Notice No. 463 dated 02.05.2016. He also adduced the Judgment of the Hon'ble Punjab and Haryana High Court in Seema vs. State of Haryana and Others in CWP No. 14236 of 2012 dated 27.01.2016 vide which para 9 states as under :-
"9. The writ petition filed by the petitioner is liable to be dismissed as this Court in plethora of judgments held that it is for the employer to prescribe essential qualifications for appointment to a particular post and it is not for the Court to undertake an exercise of equating one qualification with the 5 Item No. 40 (C-4) OA 1936/2016 other. There was no indication as regards considering candidates possessing equivalent qualifications."
In the light of the above, the rejection order of the respondents was neither arbitrary and capricious ; nor mala fide and illegal.
5. Heard the learned counsel of both the sides ; examined the documents on record and perused the Judgment in Seema vs. State of Haryana and Others of the Hon'ble Punjab & Haryana High Court (supra).
6. We abide by the ratio given in the aforesaid Judgment of the Hon'ble Punjab & Haryana High Court (supra) that the employer is fully competent and empowered to prescribe essential qualifications for appointment to a particular post and it is not for the Courts to undertake the exercise of equating one qualification with the other. In the instant OA, the employer - Planning Department, GNCTD has prescribed 'Post Graduate Degree in Statistics Operational Research/Mathematical Statistics/Applied Statistics or Post Graduate Degree in Economics/Mathematics/ Commerce (with Statistics as one of subject/papers in Post Graduation/Graduation level' as the essential and basic qualification for the post of Statistical Assistant. The applicant who is a BCA from Guru Gobind Singh Indraprastha University 6 Item No. 40 (C-4) OA 1936/2016 and MCA from Indra Gandhi Open University (IGNOU) obviously lacks the essential qualification.
7. We are, therefore, of the considered opinion that the respondents have rightly rejected the candidature of the applicant as his qualifications do not match with the essential qualifications prescribed for the post of Statistical Assistant in the Recruitment Rules (RRs). The rejection order is thus judicious and well reasoned and we are therefore, not inclined to interfere with it. Further the judgment of Hon'ble Punjab & Haryana High Court (supra) also adds force and impetus to the decision of the respondents. The instant OA thus lacks merit ; deserves to be dismissed and is accordingly dismissed. However, there shall be no order as to costs.
(Dr. Sumeet Jerath) (Harvinder Kaur Oberoi)
Member (A) Member (J)
/Mbt/