Central Administrative Tribunal - Delhi
Smt. Kaushalya Devi vs Government Of Nct Of Delhi on 13 July, 2012
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH: NEW DELHI
TA No.1265/2009
RESERVED ON 4th OF JULY, 2012
PRONOUNCED ON OF JULY, 2012
HONBLE MR. G. GEORGE PARACKEN, MEMBER (J)
HONBLE MR. SUDHIR KUMAR, MEMBER (A)
Smt. Kaushalya Devi,
W/o Shri Rajbir Singh,
R/o 1033, Village Kanjhawala,
Delhi.
Applicant
(By advocate: Sh. U. Srivastava)
VERSUS
1. Government of NCT of Delhi,
(through its Chief Secretary),
Delhi Secretariat, I.P. Estate,
New Delhi.
2. Delhi Subordinate Staff Selection Board,
(through its Chairman),
3rd Floor, UTCS building,
Institutional Area, Vishwas Nagar,
Shahdara, Delhi.
3. New Delhi Municipal Corporation
(Through its Administrator),
Palika Kendra, New Delhi.
4. Directorate of Education,
(through its Director),
Government of NCT of Delhi,
Old Secretariat, Delhi.
5. Union of India,
(through Ministry of Human Resource Development),
Department of Education, Shastri Bhawan,
New Delhi.
Respondents
(By Advocate: Sh. N.K. Rastogi proxy for Sh. Vijay Pandita, for Res. No.1, 2 and 4, Sh. K.M. Singh for Sh. R.N. Singh, for Res. No.5 and Sh. Karan Minocha proxy for Ms. Kanika Agnihotri, for Res. No.3)
ORDER
G.George Paracken, M(J) This case was originally filed in the year 2005 as WP (C) No.19880/2005 before the Honble High Court of Delhi. During the pendency of the said WP(C), the Central Government has issued a notification No. SO(E) dated 01.12.2008 bestowing jurisdiction in the matter before this Tribunal. Accordingly, the Honble High Court vide its order dated 17.04.2009 transferred this case to this Tribunal and it was listed as TA No. 1265/2009.
2. The brief facts, necessary for disposal of this case, are delineated hereunder. The second respondent, namely, the Delhi Subordinate Staff Selection Board (DSSSB for short) issued an advertisement in the year 2004 inviting applications for the post of Balwari Teachers(Female). The essential educational qualification prescribed for the said post was Matriculation or its equivalent with Nursery/Balwari Teachers Training Diploma from a recognized Institution. The DSSSB conducted a written test for selection of suitable candidates on 12.06.2004 against the 11 posts advertised. Only four candidates succeeded in the written examination. Thereafter, the respondent No.3, the user department, namely, the New Delhi Municipal Corporation(NDMC for short) recommended the applicant and other three candidates for appointments vide annexure-F letter No.SAI/3213/Edn. Est.II dated 27.10.2004 and directed them to submit the requisite documents including Nursery Teacher Training Diploma Certificate in original along with the attested copies, for necessary verification. Accordingly, the applicant had submitted the Annexure B Bal Sevika Training Course Certificate issued by the Indian Council for Child Welfare, wherein it has been stated that she had attended the aforesaid course in the year 1983-1984 and passed the written and practical examination and she was placed in the 1st division in the theory and in the second division in the practical. However, in spite of the repeated requests made by the applicant to the 3rd respondent, it did not issue any offer of appointment to the applicant. Hence, she has filed this case before the Honble High Court, as stated earlier.
3. The contention of the applicant is that even though one of the essential educational qualification prescribed for the post of Balwari Teachers (Female) was Balwari Teachers Training Diploma from a recognized institution, she was in possession of a Certificate in Bal Sevika Training Course. The applicant has also contended that the Govt. of India, Ministry of Education, vide their Annexure-H letter dated 21.02.1963, has already decided to accord recognition to the Bal Sevika Training Course conducted by the Indian Council for Child Welfare and the certificates awarded by them to the successful trainees on completion of the full training course for the purpose of appointment as Balsevikas in Integrated services for Child Welfare Demonstration projects, Teachers in Pre-school Education Centres, Balwadis, Founding Homes, Creches and similar Child Welfare Institutions. She has also relied upon the Annexure K letter dated 17.03.1971 issued by the Govt. of India, Department of Social Welfare to the Director of Education, Delhi Administration, Delhi stating that the candidates who are in possession of the Bal-Sevika Training Course certificate should not be debarred from being appointed in the pre-primary or nursery schools/institutions. Again the applicant has relied upon the annexure-L letter dated 01.03.1977 issued by the Govt. of India, Department of Social Welfare, directing the concerned departments to consider giving equivalent recognition to the Balsevika Training Course by prescribing the training as essential or desirable qualification for posts considered suitable for trained Balsevikas (in Balwadis, Creches and Child Guidance Centres), Balwadi Teacher, Anganwadi Worker, Boarding Superintendents in childrens institutions, Primary school teacher, social worker (in Primary Health Centres, Hospitals and under the Programmes of State Social Welfare Advisory Board), Family Planning Worker, House Northern in childrens institutions, assistants to Health and Nutrition officers, welfare workers in Bal Bhawans and Bal Sahyog Centres, Community Extenson works, functions literatory teachers, Griha Sevikas.
4. The respondent No.3 in its reply has submitted that while the essential qualification for the post of Balvari Teachers as per the recruitment rules is Matriculation or its equivalent with Nursery/Balwari Teachers Training Diploma from a recognized Institution. The petitioner is having only a Bal Sevika Training Course Certificate which does not fulfill the required qualification. They have also stated that the recruitment rules for the post of Balwari Teachers cannot be changed on the basis that the petitioner has applied and qualified the examination for the post of Balvari Teacher in NDMC. According to them, the authorities have examined the representation received from the applicant and a letter was sent to the State Council of Educational Research and Training (SCERT for short), Govt. of NCT of Delhi and National Council of Teacher Education (NCTE), Delhi to confirm whether the Bal Sevika Certificate (one year duration) is at par with the Nursery/Balwari Teacher Training Diploma (two years duration) conducted by the SCERT, NCT of Delhi. According to them none of the authorities/agencies have confirmed the position so far.
5. The respondent No.1 and 2, namely, the Govt. of National Capital Territory of Delhi and the DSSSB have also filed their reply. According to the DSSSB they did not undertake any verification of the information provided by the candidates and the user department issues the letter of appointment after satisfying itself that the candidate fulfils all eligibility conditions as laid down in recruitment rules for the post. Therefore, it is for the user department, namely the NDMC to satisfy itself regarding eligibility conditions as laid down in recruitment rules for various posts of the candidates before issuing appointment letter to the them.
6. Respondent No.5, namely, the Union of India through Ministry of Human Resource Development, Department of Education, New Delhi, in spite of repeated directions, did not file any reply.
7. However, the respondent No.3 has filed an additional affidavit on 22.03.2012 reiterating that the applicant does not fulfill the required qualification as per the recruitment rules of the post of Balwari Teachers in NDMC as the applicant has only a Bal Sevika Certificate of one year duration. The requisite qualification is Nursery/Balwari Teacher Training Diploma/NTT B.Ed (Two years duration). They have also stated that the DSSSB had sponsored 09 candidates to the NDMC for the post of Balwari Teachers who were to be selected by them. The candidates who have been sponsored by the DSSSB were to be selected for the post of Balwari Teachers, only if the candidate fulfills the requirements/conditions mentioned in the Recruitment Rules framed by the NDMC. Some of the sponsored candidates who had the Nursery/Balwari Teacher Training Diploma/NTT B.Ed have already been appointed to the post of Balwari Teacher in NDMC and the rest of them who did not fulfill the requisite qualification have been rejected. They have also categorically stated that the Certificate submitted by the applicant is clearly different from the Certificates of other successful candidates. Therefore, the applicant does not fulfill the minimum requirement as per the Recruitment Rules framed by them and therefore, she cannot be given the appointment letter for the post of Balwari Teacher.
8. The first respondent, namely, the Govt. of NCT of Delhi, has also filed an additional affidavit on 13.04.2012. They have stated that the SCERT vide their letter dated 09/12.03.2012 replied as under:-
1. SCERT Delhi Conduct Examination and certification of Two year Diploma course in ECCE (Early Childhood Care and Education) for the institute recognized by NCTE only situated in the jurisdiction of NCT of Delhi. Department of Education, Govt. of GNCTD has entrusted this responsibility to SCERT from the year 1994-1995 only. Prior to that this responsibility was with Directorate of Education GNCT of Delhi.
2. SCERT does not conduct any one year Diploma course.
9. We have perused the entire documents available on record and heard the learned counsel for the parties. Undisputedly, the requisite qualification for the post of Balvadi Teacher (Female) is Matriculation or its equivalent with Nursery/Balwari Teachers Training Diploma from a recognized Institution. The applicant is in possession of Balsevika Training Certificate. Obviously there is difference between a Diploma and a Certificate. Even though the applicant has relied upon certain letters from the Govt. of India, Ministry of Education, Department of Social Welfare, it is no where held that the Nursery/Balwari Teacher Training diploma from recongnized institution is equivalent to the Balsevika Training Certificate of one year duration issued by Indian Council for Child Welfare. It is also the specific case of the respondents, NDMC that the applicant has only a Balsevika Certificate of one year duration as against the requirement of Nursery/Balwari Teacher Training Diploma/NTT B.Ed of two years duration as per the recruitment rules. It is also a categoric assertion of the NDMC that some of those selected candidates have the Nursery/Balwari Teacher Training Diploma/ NTT B.Ed. as prescribed under the recruitment rules and they have been appointed as Balwari Teachers. We, therefore, do not find any justification on the part of the applicant to say that the one year Balsevika Training Certificate possessed by her is equivalent to the Nursery/Balwari Teachers Training Diploma as required under the recruitment rules. Consequently, we find no merits in this OA and accordingly the same is dismissed. There shall be no order as to costs.
( Sudhir Kumar ) ( G. George Paracken ) Member(A) Member (J) vb