Central Administrative Tribunal - Kolkata
Wimlesh Kumar vs Staff Selection Commission on 5 April, 2019
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KOLKATA BENCH, KOLKATA
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No. O.A. 350/01557/2016 Date of order: i
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.i* Present Hon'ble Ms. Bidisha Banerjee, Judicial Member
Hpn'ble Dr. Nandita Chatterjee, Administrative Member 'V •I Wimlesh Kumar, ! S/o. Mishri Gop » V Resident of Village - Baldha, V P.O. - Damodarpur, ii*': .
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.. Respondents
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For the Applicant Mr. B. Bhushan, Counsel !
i Mr. R'.N. Tiwari, Counsel
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2 o.a. 1557 of 2016
For the Respondents Mr. M.K. Ghara, Counsel
ORDER (Orall
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Per Dr. Nandita Chatteriee. Administrative Member:
Aggrieved at not being appointed as Statistical Investigator Gr. - II by the respondent authorities, the applicant has approached the Tribunal in the instant O.A. under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief:-
"8.1. That the respondent authorities fnay^be direct'to^decide and consider the claim of the applicant/petitio'ner for^hiSja ^-^" ithe^ost of Statistical Investigator Grade -
% % •% % 8.2. That theSresporident authorities may be direct jtd^ecide^nd..consider .the ?. That^any other r^fffef/reliefs ashhef petitidrfer^applicant is^ 8.3;
LordsHi^aydaam|^o^|t|e|i||Ds|g||^ ^entitlei\ and -Your■ ;8.4.. ^Tfat the respondents'-authorliel ma^ difebt to^ayithe cost o^litigatidb to the
2. J HeaVa both Ld.gpuri^l,^x^inea$tlealirngsjiHd^Cuments onTecord.
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3. j * .54, that,|he,applicant had l^edrfoytiie^isfeollsStistiSi^ivestigator@llde| II in %; KJ ' W f fil \ w mposs, to «. n^»(%|JJ-l|op|»«j6Woo Commi.jlbo to, ^;
C^T1 G,^^^n>lo.S=15t3 Jf Altitough^th^at>plicant^had appeared in the<Mamiriati^njbetwetn June to \ \ '?i r ^ y y September, 2^,13, The said fexlmipation was„Gancel@d. Thefeafteiflhe applicant appeared in the re^examihatioh. The results of the^Combiried Graduate Level (Tier- I & Tier - II) Re-exafflination-20_13) wasAdeiglared and the applicant,was declared successful in the written examination upon which he received a call letter / admit card for document verification and interview. When the final results were declared, however, the applicant was shocked to see that his name was not included in the list of successful candidates, although, as an OBC candidate, he had secured 462.50 in the said examination for which the cut off marks was 451.74.
3 o.a. 1557 of 2016 7 Upon pursuing with the authorities under the Right to Information Act, 2005, the applicant was informed that , as per documents submitted by him during/ after document verification, it has not been established that he possessed the essential qualifications for the said post. The applicant thereafter obtained certificates from the Controller of Examination of Magadh University, Bodh Gaya and approached the Tribunal in its Patna Bench which dismissed his O.A. as withdrawn with liberty to the applicant to file appropriate application before the appropriate forum and, accordingly, the instantOrjginal Application.
In support of his cl^imAthef^pljl^n^^fgmi^edlh^ollowing grounds:-
(a) That, t^agtibns of the respondent authorities are Inconstitutional illef al^aS arbitrai^^S^t^^ppjicant fulled airfeducational % ■ I t 1 \ , -
^eligibility co^itibns\th% |j#tp af^ appointee# legally / - u w .= &jfvaiict' r (S' \ 5 "■'"'mat, mcut olgjatks! with 1(b) lU i* ! m *&>#■ \ \«U-
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4. Ttje respOnd^ents^peRG^ntra, have submitte,d4Pffl:he^qiM)ined graduate \ t''Stir •»%% $ jt Level Exa|ninat1on; rlgte was^conducted in three-phase^;^Written Examination (Tier-1), Written E^aminati^ff ;(:Tier4l.)„4nd^intf^ieWski[l#tesWfhe essential X '"■A" jf.JF "
qualifications as recorded iri^notificatioh dated 19,J?f2013 for^tfie post of Statistical ""•H, ' Investigator-Gr. II vrasasfollBW8iJ^_^«ww^- ' Bachelor's Degree with Statistics as one of the main subjects OR i-
Bachelor's degree with Mathematics (with Statistics as a paper studied in one year/two . years/all the three years as the case may be) as one of the main subjects) OR Bachelor's Degree with Economics (with Statistics as a paper studied in one year/two v years/all the three years as the case may be) as one of the main subjects.
OR 7 4 o.a. 1557 of 2016 Bacherlor s Degree with Commerce (with Statistics as a paper studied in one year/two years/aU the three years as the case may be) as one of the main subjects.
That, the applicant had been directed (as per call letter of document verification/interview) to bring ali certificates / mark sheets to substantiate his claim that he possessed the essential qualification for the posts opted for by him.
During the process of document verification prior to the interview, the applicant could not establish that he had the essential requisite qualifications for the post of
-V Statistical Investigator. Despite the jsameljfoon the "basis of, an undertaking %rw submitted by him on. th#f^iiy xlay, namely, 21.i:20Ef5/(which v/as, earmarked for #V% - '6^ \.
document v6rifieaticfn/interview)tthat|lfeMoBld5Submit a certifidite issued from his College/Uniyersit^ in thi|^gald, f|ili|g jtohiJi '^^ould nof^ ^nsidered
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' eligibly for%above i^inW The|pplfeSt thereafiirsuBmitt%Aii^ig*isiPed^y the Pilppal.lkisan r College Sohasari d^J^g^^^&^t^Jpplicant had stgdied in ,h^5,^||^^-20,2 IM syllaB.us^oreconomics (Hbrfe^pf Rqpel'-vtl of'^MajaSh University, B^dh^aya, which ^however, ifidid 1io^establish^t®MlSe^p^licant^ statistics^ubject
- \ / as a paper and^thus-the applfcant's candidature waprejectedV- / ^ Jf-
The respondents have furthef^detailed Jhaf^ such ,,certificate from the Principal, Kisan feoJIege^Sphasari Sid hot^establish tharfhe ap;fSicant had studied only statistics in Paper - Vlf:and no other subject was-studied by him in the said ■'t-
paper along with Statistics and, hence, not being able to establish that he ;■ possessed the requisite essential qualifications, the applicant's claim stood ( rejected.
• 5. The following issues are required to be resolved to adjudicate upon the • relief sought in the instant matter:-
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(i) Did the applicant possess the essential eligibility conditions while tLl* y applying for appointment as Statistical Investigator Gr. II in response 'v to notification dated 19.1.2013?
(H) Was the applicant's eligibility established as per call letter issued to him on 15.12.2014 (Annexure A-3 to the O.A.) at the material point of time?
. 6.(1) At the outset, we refer to the notification which was published in the Employment News on 19.1.2013 in which the essential qualifications as on 4 1.1.2013 which was requiretl fj0T|tl$e§>©s?'^'Statistical Investigator Gr. II has been recorders ^ •r M.&, % ill # 4^ Date of Exani:
/ A & . 4, 'tZV' & k 2 Closing Date: |s?2,20l|i 3 F*.Z&H- • El
-I 1 V! 0J w .^§m^ '~p COMBINED GRAbUaTeEILEVElk£)wK11ION, 2013 p jt _ I Si # % iK/IPQRT^ANT^ifJS-TRiJC-TIGNS^O CANDIDATES M s % jr %r:
if I 6% ESSENFIAL%yAl|ICATIONS as on 1st Jandf^ 2013A % t \ L:i: i) % jfe^mpile?:^ Bachelor's Degree from^ahy recbgniz.ed University with 1A \ ^c&ribmics X Statistics or Mathematics ^sXornpulsory^ or Elective * \subje&. . i _/ J?' %
ii);« Statistical InvestigatoiGrade - II Bachelor's Degree witi^Statistics as one main subjects y OR , Bachelor's Degree with Economics (with Statistics as a paper studied in / -
one year/two years/all the three years as the case may be) as one of the main subjects.
OR Bachelor's Degree with Commerce (with Statistics as a paper studied in one year/two years/all the three years as the case may be) as one of the f main subjects NOTE:- "Statistics" means any branch of Statistics, applied or (• otherwise."
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On 15.12.2014, the respondent authorities had issued a call letter / /nt/mat/ng that on 21.1.2015 he wou/d have to present h/mseif for document 4 verification and interview and it was further noted that he should' bring with him i the call letter and the following documents in original and also one set of self-
attested certificates thereof for record as follows:-
"Matriculation /Equivalent certificate, issued by the State/Central Education
(i) Board (and not' by the Principal/Headmaster of the School/lnstitution where studied), showing your date of birth (in Christian Era).
(ii) All certificates and mark-sheets in support of your Essential Qualification(s) and subjects studied at various levels, as; claimed in your application or the bio-data sheet." e * ",v- ■ h;.
istr* noted"ftiat the applicant had fe^prpluce ^ 3f$ * 3' v %ir^ % %all^certificate and it was mark sheet's infi'uf^ort of his-?d^d^,al.rqda]ffi^ition(s) a^%ubje,ci%studled at ■ ,\ V \ f f \ ' various .leveTs^as claimed^his a'pplieafibn|6rithe bib^ata sheet. ^ \ & ' t.
* •- vou dQ iL^SMMjl^^onedAuments infSffflinallalong % 3. 4 S' •■b witfftFfeir self attested cog^.^TiG®,a(^Q|^| for d||rmining eligibility fgr the intei^Sew in ques^a^eS^^l^i^^ec^ainst Nos.'^iiiJ at |ara 2 ■i abo'Ve^ vou will not^fee admifted^for^heiinterview'Uhder an^circumstance^whatsoever and ifo further opportunW willribe a^cdfded>td^tak§>the iftten/lbw."
% | .1, % Mf HJ I ^Further, in para s'^he^aid call Ifetteii thfeSandidate wa^advi^d as follows:- . £ "8;\ Your^cMidatureJs^Provisional. You must %y.otfr ow^ynterest go ^trough the detailed instructioils contained in the Notice of thepxamination^aVailable qrf the website of the^Commissio^ <fittp://ssc.mgrin^and rejated^rrigendufri' to thU Notice issued from time toMime and, ensure|-tiiat-ygu fulfiiraH the cpnditions of eli^ibilityJaid down in the advertisement/nofibe of tHe^Exarnihlfion.Klf araftylstaoe it fcfound that vou do not fulfill anv of the Sonditio^s^of eligibility, "vour^candidature will^Se cancelled and no appeal against such.caricellation^ilirbe.entertained." From the above cali^Mbe.^IlqvwngJfeinWf^d:- -
(i). That, the dates of documents' verification and interview was fixed on 21.1.2015.
(ii) That, the applicant has to furnish all certificates and mark sheets in support of his claim made in the application on 21.1.2015 itself.
(iii) In case, such documents were not produced for determining his eligibility for interview, the applicant would not be admitted for the *1 ft r / 7 o.a.1557 of 2016 * 4 / interview under any circumstances whatsoever, and, r no further opportunity would be accorded to appear at the interview. .V f (iv) The applicant had to satisfy himself that he had to fulfill all the i eligibility conditions after studying the detailed instructions and I before appearing for document verification/interyiew.
(II) Next, we examine the applicant's testimonials as furnished in the pleadings. The syllabus of the Magadh University, Bodh Gaya, for BA Pass/Hons. Course in Economics (as annexed by the applicant to his l*.
-supplementary rejoinder) states Ittfati Tor ^ Three Year, Degree Honours
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(Economics), PapeiWHyiitfas'on the'subject of statistics.^t is slated therein as i' \\ ' ^ _________ __ **■ follows:- WV'- , . / -
^Three Year Deg^Horiours'ifEcpnomicsf . J ';v.. %
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This'paper will bepf jj^field work;''" "
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; The.lapplicant hfeannexed^(£it Anriexure.A^8: to the O.A.), his rfiark sheet ft ■; .,, ^ £ ! from Magadh University in'/Economics under ThrefeYiar Degree Course held in a i! ", j* _. " $ the mdnth of April^oT^'^lcffrec^rds^haM^ainst^^perMl, with full marks of \ /' ^ P 100 as npted tf?ier^ihtthe^applicant had obtained 54*friarRs. p ,# Hence, theftesslsritial gualTfication^as^on^^JanuaTry, 20^3) fprThe post of . V ... y /■ Statistical InvestigatoKGr. II which-, 1 inter alia, ball for1 Bachelors Degree in ■ ; ^-i:r . -
Economics with Statistics as a''paper-studied In one^yeiar/two years/all three years as the case may be) as one bf'the'main subjects, was satisfied in the case of the applicant as because the syllabus of the Magadh University categorically stated that the paper VII will be on the subject of Statistics and that the "paper"
will be of 100 marks with no group or field work.
Accordingly, as the syllabus of the Magadh University clearly lays down that the student qualifying in Economics (Hons) for three years degree course will have to study statistics as a subject and the paper therein would be marked out of 100, there is absolutely no ambiguity in the fact that the applicant did possess
-vv !/ 11' ■ / ■ •• •/ 8 0.3:1557 of 2016 / *< the essentia/ quafifications as on 1st January, 2013, the cut off date for essential qualifications and the issue at S(i) is to be decided in the tight of such qualification.
The respondents have argued that:
(a) The certificate that he produced from Principal, Kisan College Sohasari issued on 27.1.2015 and received on 5.2.2015 by the respondent authorities, however, merely mentioned that the applicant had studied ' ^ ■« 'I Statistics subject in the dollege dufirigrthe,year 2011-2013 in the syllabus of Economics .(•HonsO 'feff'apIrQ; |f ^agadh^nivePsity. 'Bodh Gaya and that the.-certififeatli,d'idwnot establish that the applicant had^bot studied any (l4 'Jurtfier, c^%e^d%4 tlie^ont^ller of ? Gaya ^ffr|n the $ II ^for anH^npiaftAr ;
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% ef -inr m 1 1» f * Ifhe Hon'ble S§g/fffi^^M|nga/, 1993 srfpp (1) SCC 714 had ^held tlT&t^inSdeciding what is th&tfuetifnpoft%of the #equisite t//, "x?" .
qualification,, tfe, comext Wilkyjrovide the imror^nt glue-^hl that a purely /-
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\ In this case,''for,the pvost^of Statistical Investigitor Gr^t the applicant had
indeed studied Statistics arid ■ th e^pjlpwin.g^cpu rse^fri odu (e substantiates that the applicant did receive training/academic inputs in basic Statistics as under:-
\ " Three Year Degree Honours (Economics) PAPER - VII STATISTICS This paper will be of 100 marks and there will be no group or field work."
Chapters -
1. Definition and scope of statistics.
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2. Measures of Central Tendency - Mean, Median and Mode.
3. Measures of Dispersion - Mean Deviation and standard Deviation.
4. Census and Sample Methods of Investigation.
5. Primary and Secondary Data.
6. Index Number.
7. Simple Correlation and Analysis.
8. Statistical Organization in India.
9. National Income Statistics in India.
10. Census Reports of Government of India.
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11. National Sample SurveyRe|o|s| * %% Accordingly, the by tfe re%^6r|dents thaKstatistics was not s,udi«, a. » » technicality whic'femoves a^lnom stheionfextlli'iiptDlication a|i#the%sue at (i) a^as flighted (ill) |w^xt come|^se^||^ely-^fer the atjp§an|ould f estaBlish®! qualific^a^^^^>a^1.1.20ig directed in th| cailtter. The date of |||ica|>n of 53 his Ipcfrnelits the applifl%iSoeild nbt|furhis%ar^i|documerit to pfbve^thait the k§ ^ '■ ' || % Paper%/ll in his mafk^sh^froMa%idmWe\si^ m-
and that \ he had studied Statfstics^as^a subject in the saicN/ltffi papiT^.i^l the curriculum \ ■&*/' / and that ife. was^alldwed^to appeaMn-^Re inteij/iew ojj)#the^bJasis of his undertaking thaifelpe wctuld procure^ i fceittificate thereo.nf^Henc.df to decide as to 'V whether the applicant wassa.ble toestabli§h^lfii credentialf on the cut off date, we refer to Shankar Mandal v. State of Bihar, (2003) 9 SCC 519 wherein a Two Judge Bench, after referring to earlier authorities culled out the following principles on cut off date on determination of eligibility:-
"(1) where a cut off date with reference to which eligibility has to be'determined is the date appointed by the relevant service rules. (2) where no such cut off date is provided in the rules, then.it will the date appointed in the advertisement calling for application. v "
(3) if there is no such date appointed, then eligibility criteria shall be applied by reference to the last date appointed by which the applications were to be received."
t » ■*# 10 o.a. 1557 of 2016 y In the case of the applicant, the date was clearly appended in the call letter u/ dated 15.12.2014. 21.1.2015 was the only date specified for document £ 4 verification. In Sfafe of Punjab v. Swaran Kaur, (2007) 9 SCC 192, the Hon'ble Apex Court held that, if the service rules prescribed certain educational ' qualifications for direct recruitment and if the authorities took the view that the respondent did not possess the qualifications, any concession madefy the / -
Hon'ble High Court thereupon was uncalled for. Herein also the concession allowed to the applicant by the respondent authorities in allowing him to appear at the interview when he could 'not Substantiate his cause on. 21.1.2015, the only ^ V, >■ V r .-p:? ^ /■ -t cut off date for dodament* verification, was uncalled^fof^lf such: concession is allowed to.a particular candid,at#^f|?possfil%h,e_re were Bther cantlidates who '' y'" •' \ ''V were in/a similar situatiop^Who. had faileb to establish'their credentials on, the cut r'y-~ \ /' S'* off date ofrddbument v^nfication.vyhlesSitb'e^respbndentj|authorities^had allowed similar concession to|aLl^oeh^can^^^Sp^c.ase-of^ applicahf^magks of f discriminptpry concessioff^^eSlIpb^^ have>ot jbeen able-tto establish that si^|ar^oncession habibe^n ac^rded.lp similarly placed 1 .
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document verificationMn C/iaran Singh v. State Of Ptinjab, ;1995 Supp. (3) SCC 136;:,.,the Hph'bip Apex Court has held thaHf a category/has been validly exempted from, undertaking^a'qualification test,,-then'they stand at par with those 'r: , . ' --
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who have not beerif sp exenhipted. In the instant context, the/exemption granted to the applicant on the basis-bf^heyjndertakin.g.^cSnnot be held to be a valid exemption as it went against the conditions specified in the call letter.
In Jenany J.R. v. S. Rajeevan, (2010) 5 SCC 798, it was held that according to plain language of the relevant rule, educational qualifications-were /i • .
to be determined on the cut off date and on that date, only-the candidate who possess the requisite educational qualifications, deserves to be appointed/ In this case, it is not the applicant's case that he could satisfy the.
respondent authorities on 21.1.2015, namely, the date of his document A •.:V 4', ' t 'i ■JJ .
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verification, that hfs syl/abus of Magadh University indeed referred to Statistics subject which would be considered as 100 marks paper in BA (Hons.) degree examination, as he had undertaken to furnish certificates at a later date, corroborating his claim.
The applicant had to be aware of the requirements prescribed in the call letter and he should have approached the authorities during document verification with the relevant certificates, syllabus, module and mark sheet to establish his case. Certificates vali'dating tris claim at later points of time does not assist the applicant as be^%8^i|e@i|f^^rt|^o the .qualifications ^ had to be estab)ishejj/|,tl'e cut off date and none other ^%
7. Accdfdinftfibased oijjjtf^^^Saf^^Wfcegal mat! % onjfflS^SaPSgegal matrix,= thi%, (§S^. fails to y" % J0%. I | # r^iK ■ #5 i establish itsllfegn merit a||N^dis%slBda^linal#% 1 tA„rs T5 - i ■f t1 c %0i % 1& S f at |-
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