Central Administrative Tribunal - Delhi
Shri Satish Kumar vs Delhi Subordinate Services Selection ... on 9 December, 2011
Central Administrative Tribunal Principal Bench OA No.2412/2010 New Delhi, this the 9th day of December, 2011 Honble Mr. G. G. George Paracken, Member (J) Honble Dr. Ramesh Chandra Panda, Member (A) Shri Satish Kumar, S/o Shri Hanuman Prasad, R/o 435, Sector-13, HUDA Bhiwani, Haryana. Applicant (By Advocate : None ) Versus 1. Delhi Subordinate Services Selection Board, Through its Chairman, 3rd Floor, UTCS Building, Institutional Area, Vishwas Nagar, Shahadara, Delhi. 2. Govt. of NCT of Delhi, Through its Chief Secretary, Delhi Secretariat, Players Building, Behind I.G. Stadium, New Delhi. Respondents (By Advocate : Mrs. Alka Sharma) ORDER (ORAL)
Mr. G. G. George Paracken, Member (J).
The applicant is an Ex-serviceman. He was a candidate for the post of Primary Teacher in the Municipal Corporation of Delhi (MCD for short) for which he has submitted his application in terms of the advertisement issued by the respondent No.1, namely, Delhi Subordinate Services Selection Board (DSSSB for short) vide their advertisement No.02/2008. The essential qualification required for appointment for the aforesaid post was as under:-
A. QUALIFICATIONS :
(a) Essential :
(i) Senior Secondary (10+2) or intermediate or its equivalent with 50% marks from a recognized board
(ii) Two years Diploma/Certificate course in E.T.E./ J.B.T. or B.EL. Ed. from a recognized institution.
(iii) Must have passed Hindi as a subject at Secondary Level Desirable
(i) Computer Knowledge B. EXPERIENCE :B Essential : NIL Desirable: NIL 4, Whether Qualifications and experience are relaxable in case of SC/ST/PHC :
Qualification : Yes (5% relaxation in marks in Senior Secondary (10+2) or intermediate or its equivalent). Respondents have rejected the applicants candidature on the ground that he has not fulfilled the aforesaid requisite/essential qualification.
2. According to applicant, he is an Ex-serviceman having the educational qualification of B.A/B.Ed degree. He has also submitted that in terms of the notification issued by the Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel & Training dated 12.2.1996, he is eligible to be considered for appointment. The relevant part of the said notification reads as under :
13. Instructor AEC (AEC) : Instructs and organizes classes for Army 1st Class Certificate of Education, Army 2nd Class English Certificate and Hindi in Army 3rd Class Certificate of Education. Is qualified in methods of instruction, Teaches mathematics, science, history, geography, citizenship, Hindi, English and map reading to soldiers.
3. We have heard learned counsel for the parties. Undisputedly, the essential qualification required for the post of Primary Teacher in MCD is Senior Secondary (10+2) or Intermediate or its equivalent with 50% marks from a recognized board but the applicant has passed his Matriculation from the Haryana Vidyalaya Shiksha Board obtaining 379 marks out of 900 marks in the external examination and 216 marks out of 300 in the internal examination. If both the internal and external examinations are taken together, it is seen that he has secured less than 50%. It is a different matter that he has higher qualifications of degree of B.A. and B.Ed. The candidates have to fulfill the basic qualification which he did not. It is also not his case that he has any other educational qualification which has been declared as equivalent to the essential qualifications mentioned above.
4. In view of the above position, we are of the considered opinion that this Original Application is devoid of merits and the same is accordingly dismissed. No costs.
(Dr. Ramesh Chandra Panda) (G. George Paracken) Member (A) Member (J) /rk/