Central Administrative Tribunal - Delhi
Rajeev Kumar vs Delhi Subordinate Services Selection ... on 3 August, 2018
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH: NEW DELHI
O.A No.2476/2016
Order reserved on:11.07.2018
Pronounced on: 03.08.2018
Hon'ble Mr. K.N. Shrivastava, Member (A)
Hon'ble Mr. S.N. Terdal, Member (J)
Rajeev Kumar,
Aged about 30 years,
S/o Sh. Risal Singh Tehsildar,
R/o VPO-Ujwa, New Delhi.
-Applicant
(By Advocate: Shri M.K. Bhardwaj)
Versus
Govt. of NCT of Delhi & Ors. through
1. The Chief Secretary,
Govt. of NCT of Delhi,
Delhi Secretariat, I.P. Estate,
Delhi.
2. Delhi Subordinate Services Selection Board,
Through its Secretary,
FC-18, Karkardooma Institutional Area,
Delhi-110092
3. The Director,
Headquarters,
Delhi Fire Services,
Connaught Place, New Delhi
4. Pramod Kumar Sharma,
S/o Shri B.K. Sharma,
R/o Vill-Dattour, PO-Sampla,
Distt-Rohtak, Haryana
5. Amit
S/o Shri Mahender Singh,
R/o 776/30, Chhotu Ram Colony,
Kanalhi Road, Rohtak, Haryana
6. Pravesh Kumar,
2
(OA No.2476/2016)
S/o Shri Suresh Kumar,
R/o Vill-Nathupur,
In front of Shiv Mandir,
Distt- Sonepat, Haryana
7. Ritesh,
S/o Sh. Mahender Singh,
R/o Vill- Chirya,
Teh-Charkhi Dadri,
Distt- Bhiwani, Haryana
-Respondents
(By Advocate: Shri K.M. Singh and Shri R.K. Shukla for Shri
S.K. Gupta)
ORDER
Hon'ble Mr. K.N. Shrivastava, Member (A):
Through the medium of this Original Application (OA) (3526/2017) filed under Section 19 of the Administrative Tribunals Act, 1985, the applicants have prayed for the following reliefs:
"i) To direct the respondents to declare the applicant qualified in Physical Endurance Test and allow him to appear in the written test for appointment to the post of Sub-Officer against Post Code 103/07.
ii) To declare the action of the respondents in changing the criteria of Physical Endurance Test in violation of terms & conditions of advertisement issued for selection to the post of Sub-Officer in DFS as illegal and arbitrary and direct the respondents to include the name of applicant in the list of candidates declared qualified in the Physical Endurance Test for the said post (Post Code 103/07) conducted on 12.12.2015 to 13.12.2015.
iii) To direct the respondents to consider the applicant's claim for selection and appointment to the post of Sub-Officer in Delhi Fire Service as per terms & conditions of advertisement." 3
(OA No.2476/2016)
2. The factual matrix of the case, as noticed from the records, is as under:
2.1 Delhi Subordinate Services Selection Board (DSSSB)-
respondent no.2 issued Annexure A-2 advertisement No.06/07 inter alia inviting applications for the posts of Sub-Officer in Delhi Fire Service-respondent no.3. The post code of the post was 103/07. It was notified that there were 28 vacancies to be filled up (UR-12, OBC-09, SC-05 and ST-02). The physical standards relating to height, weight, chest and eye sight were also notified. The selection was to be done on the basis of Physical Endurance Test (PET) and written examination. For the reasons best known to DSSSB, the examination could not be held. In the meanwhile, the DSSSB came up with another advertisement in the year 2014 inviting applications for various posts, including that of Sub Officer (Post Code 69/14) in Delhi Fire Service. The number of vacancies as well as various parameters in regard to the physical standards were also notified. The relevant portion of the advertisement relating to the post of Sub Officer in Delhi Fire Service is extracted below:
"POST COST-69/14 SUB-OFFICER
In DELHI FIRE SERVICE
No. of Vacancies: Total-09 (UR-07, OBC, 01, ST-01) Essential Qualification: (i) A degree preferably from a recognized University or equivalent (ii) Sub Officers course of NFSC, Nagpur or Grade- I Fire 'E' or equivalent. Note: In case of Grade-I Fire 'E' (without Sub- Officer course) candidates must have one year practical experience in Fire Fighting in a reputed fire service (iii) shall have to pass physical 4 (OA No.2476/2016) endurance test and sub Officer level written examination as prescribed by Chief Fire Officer.
Desirable: Having Heavy Vehicle Driving License Essential Experience: Note: In case of Grade-I Fire 'E' (without Sub Officer course) candidates must have one year practical experience in Fire Fighting in a reputed fire service.
Physical Standard: Essential: 1. Minimum Height 165 centimeters (relaxable of 5 centimeters for hill area people) 2. Minimum Weight: 50 Kilograms 3. Chest: (Normal) 81 centimeters Chest (Expanded) 86.5 centimeters 4. Eye sight 6/6 without any correction, Disqualification: 1. Wearing glasses/colour blindness & squint eye 2. Flat feet 3. Knock knee
4. Deformity of any limb/extra limb.
Physical Endurance Test for Sub-Officer, prescribed by Chief Fire Officer:-
(PERFORMANCE SCORE POINTS 1 TO 10 POINTS) S. Test Minimum 1 2 3 4 5 6 7 8 9 10 No. Items Qualified Standards
1. Long 2.80 2.80 3.10 3.40 3.70 4.0 4.30 4.60 4.9 5.2 5.50 Jump & 0 0 abov (Mtrs.) abov e e 2 High 0.80 0.80 0.90 1.0 1.10 1.20 1.30 1.40 1.5 1.6 1.70 Jump & 0 0 abov (Mtrs.) abov e e 3 800 200 200 & 200 195 190 185 180 175 170 165 160 Mtrs. abov abov Run e e (Sec.) Pay Scale: Rs. 9300-34800 + Grade Pay Rs. 4200/-
Age Limit: 27 years (Age relaxable for SC/ST-05 yrs., OBC-03 yrs. Govt. employees 05 yrs. Departmental candidates with 03 years continue service up to 40 yrs (up-to 43 yrs for OBC, up to 45 yrs for SC/ST) This post is identified not suitable for PH persons as per the requisition of the User Department. R. No. F.2/DFS/HQ/Estt/2004/170 Dated 10/01/2013.". 2.2 The DSSSB has also issued detailed instructions to the candidates for PET for the post of Sub Officer (Post Code 103/07 and 69/14) (Annexure A-4). It was specifically mentioned therein that PET is of qualifying in nature as per the Recruitment Rules (RRs). The relevant portions of these instructions are extracted below:
"Post Code: 103/07 (Sub Officer) Physical Standards Essential:
1. Minimum Height 165 Centimeters (relaxable of 5 centimeters for hilly area people).
2. Minimum Weight-50 kg.
3. Chest (normal)-81 centimeters chest (expanded) 86.5 centimeters.5
(OA No.2476/2016)
4. Eye sight-6/6 without correction.
Disqualification:
1. Wearing glasses/color blindness and squint eye.
2. Flat Feet.
3. Knock Knee.
4. Deformity of any limb/extra limb.
Desirable: Heavy Vehicle Driving License. POST CODE- 69/14 (SUB-OFFICER):
Physical Standard: Essential:
1. Minimum Height 165 Centimeters (relaxable of 5 centimeters for hilly area people).
2. Minimum Weight-50 kg.
3. Chest (normal)-81 centimeters chest (expanded) 86.5 centimeters.
4. Eye sight-6/6 without correction.
DISQUALIFICATION:
1. Wearing glasses/color blindness and squint eye.
2. Flat Feet.
3. Knock Knee.
4. Deformity of any limb/extra limb.
Desirable: Heavy Vehicle Driving License.
(Performance score points 1-10 points) for PET of Post codes-103/07 & 69/14 S. Test Minimum 1 2 3 4 5 6 7 8 9 10 No. Items Qualified Standards
1. Long 2.80 2.80 & 3.1 3.40 3.70 4.0 4.30 4.60 4.9 5.2 5.50 Jump above 0 0 0 above (Mtrs.) 2 High 0.80 0.80 & 0.9 1.0 1.10 1.20 1.30 1.40 1.5 1.6 1.70 Jump above 0 0 0 above (Mtrs..) 3 800 200 200 & 200 195 190 185 180 175 170 165 160 Mtrs. above above Run (Sec.) * This post is identified not suitable for PH persons as per the requisition of the User Department. "
2.3 The respondent no.3 has issued an order dated 10.01.2013 (page 42) in which it is made mandatory that a candidate appearing in PET has to qualify in each of the three events, namely long jump, high jump and 800 meter run and shall have to obtain a minimum 6 (OA No.2476/2016) of 33% of marks in aggregate to be declared pass in PET. The methodology of awarding of marks for each of the three events was also spelt out. The contents of this order are extracted below:
"Whereas Recruitment Rules for the post of Sub-Officer have been notified vide No. F.16(21)/97/H-III/RR/1317-24 dated 24.06.1998 by the Lt. Governor of National Capital Territory of Delhi.
And Whereas vide the said notification of Recruitment Rules, the candidate is required to qualify Physical Endurance Test as prescribed by the Chief Fire Officer.
Now, therefore, in pursuance of the said recruitment rules, the following physical endurance test is hereby prescribed for Sub-Officer. The physical endurance test shall consist of 30 marks and following shall be the scheme of awarding marks:
(PERFORMANCE SCORE POINTS ( 1 TO 10 POINTS) S. Test Minimum 1 2 3 4 5 6 7 8 9 10 No. Items Qualified Standards
1. Long 2.80 2.80 & 3.10 3.40 3.70 4.0 4.30 4.60 4.90 5.20 5.50 Jump above above (Mtrs.) 2 High 0.80 0.80 & 0.90 1.0 1.10 1.20 1.30 1.40 1.50 1.60 1.70 & Jump above above (Mtrs..) 3 800 200 200 & 200 195 190 185 180 175 170 165 160 & Mtrs. above above Run (Sec.) A candidate will have to qualify in each of the three events as above and shall have to obtain minimum 33% marks in aggregate to be declared pass.
Final Merit List The final merit list shall be prepared based on the total percentage of marks obtained by the candidate in the two criterion setforth for the selection i.e. Physical Endurance Test and the Written Test.
These orders shall come in force with immediate effect."
2.4 The PET was held on 12.12.2015 for the candidates who had applied with reference to the Annexures A-2 & A-4 advertisements in which the applicant participated. Thereafter, he was issued Annexure A-3 admit card for appearing in the written examination 7 (OA No.2476/2016) to be held on the same day, i.e., 12.12.2015. Since he had applied only against the post code 103/07, the Annexure A-3 admit card was also issued to him accordingly. It was indicated therein that the applicant is appearing as an OBC candidate. The applicant's name did not figure in the select list.
2.5 The applicant sought information under the RTI Act, which was provided to him by DSSSB vide Annexure A-6 letter dated 21.04.2016. The marks secured by the applicant in the three events of PET, as indicated in Annexure A-5 were as under:
"Post Code-103/07
1) Race 800 meter 192.99 sec. 3 marks
2) Long Jump. 3.08 meters. 1 mark
3) High Jump. 1.00 meters 3 marks GAa 1.7 marks. Hence disqualified".
2.6 Since the applicant had secured only 07 marks out of 13 in the PET, i.e., less than 33%, he was declared unsuccessful. The merit list was prepared on the basis of the total marks secured in PET and written examination.
2.7 Aggrieved by the impugned Annexure A-1 result notice dated 11.03.2016, the applicant has approached the Tribunal in the instant OA, praying for the reliefs as indicated in para-1 supra.
3. In support of the reliefs claimed, the applicant has pleaded the following important grounds:
8
(OA No.2476/2016) 3.1 In the advertisement no.103/07, it was indicated that the PET is of qualifying in nature. The respondents were not justified in making PET as competitive. Even prescribing the cut off in PET was not justified. The respondents have thus changed the rules of the game, which is legally not permissible. 3.2 The applicant has met with the minimum standards of the three events prescribed in the PET and thus he should be considered as having cleared the PET. 3.3 The respondents had no authority of law to change the criteria of PET by prescribing minimum 33% marks. Since the applicant has qualified the minimum standards prescribed for PET, he should not have been disqualified. By prescribing 33% marks as cut off, the respondents have virtually made the stipulation of minimum qualifying standards of PET as meaningless. 3.4 Had the respondents notified to the applicant and other similarly situated candidates that minimum qualifying standards are of no consequences and the candidates were required to get 33% marks in the PET for qualifying, the applicant would have also made extra efforts to achieve marks more than the cut off 33% in PET.
3.5 The applicant had applied for the post pursuant to the 2007 9 (OA No.2476/2016) advertisement of DSSSB and at that time he was of 22 years of age.
Had the respondents conducted the PET at that time, he would have done much better in PET and would have easily secured more than the cut off marks of 33% in it.
4. The official respondents in their reply have broadly averred as under:
4.1 The DSSSB have called 398 eligible candidates for PET for the post of Sub Officer under Post Codes 103/97 and 69/14 in Delhi Fire Service. Only 176 candidates participated in the PET. The PET was conducted in accordance with the RRs and the order dated 10.01.2013 of Chief Fire Officer (page 42) in which it has been clearly indicated that PET would be of 30 marks and besides being qualifying in nature it would also be competitive as well. 4.2 The letter makes it clear that for qualifying PET, a candidate has to obtain minimum 33% marks in it.
5. The private respondents in their reply have generally stated as under:
5.1 In the order dated 27.05.2008 issued by the Chief Fire Officer minimum qualifying criteria have been prescribed according to which a candidate has to qualify in each of the three events and shall have to obtain minimum 33% marks in aggregate to be declared pass.
10
(OA No.2476/2016) 5.2 The applicant has secured just seven marks in all the three events of the PET for the post code 103/07 and as such he has not qualified the PET for which the cut off marks was 33%, i.e., 10 out of 30.
6. The applicant has filed rejoinder to the replies filed on behalf of the official respondents and private respondents.
7. On completion of the pleadings, the case was taken up for hearing the arguments of the learned counsel for the parties heard on 11.07.2018. Arguments of Shri M.K. Bhardwaj, learned counsel for the applicant and Shri R.K. Shukla and Shri S.K. Gupta, learned counsel for the respondents were heard.
8. We have considered the arguments of the learned counsel for the parties and have also perused the pleadings. Admittedly, the DSSSB in its Annexure A-2 advertisement, inviting applications inter alia for the posts of Sub Officer in Delhi Fire Service, had indicated the physical standards for the three PET events. For the reasons internal to the respondents, pursuant to the Annexure A-2 advertisement, the written examinations and PET could not be conducted in time. In the meantime, the DSSSB came up with another advertisement in the year 2014 again inviting applications for the post of Sub Officer in Delhi Fire Service (Post Code 69/14) together with some other posts. The combined PET and written test 11 (OA No.2476/2016) for both the Post Codes 103/07 and 69/14 were conducted by DSSSB on 12th & 13th December, 2015. Pertinent to note that the Chief Fire Officer vide his order dated 10.01.2013 (page 42) has indicated clearly that PET, besides being qualifying in nature would also be competitive. This order also clearly indicates as to how the marking are to be given in the three events of PET, viz. long jump, high jump and 800 mtr. run. Hence, the candidates were obliged to follow the instructions contained in the advertisement together with those in the order of the Chief Fire Officer dated 10.01.2013. These instructions are to be read in conjunction with the RRs for the post of Sub Officer.
9. The instructions referred to in pre-para, would make it clear that a candidate has to secure minimum 33% marks for qualifying PET. Further the instructions make it clear that cut off marks for inclusion of the name of a candidate in the final select list, in the combined score in PET and written examination, is 33%. It is not in dispute that the applicant has scored only seven marks out of 30 in the PET which is less than 33% marks, i.e., 10 marks. Hence, the applicant has been correctly declared ineligible. Issuance of admit card for appearing in the written examination did not guarantee that he had qualified the PET. The contention of the applicant that PET was not indicated to be competitive and there is no stipulation in the Annexure A-2 advertisement that the cut off marks for PET is 33%, is totally unacceptable and is accordingly 12 (OA No.2476/2016) repelled. The instructions contained in Annexure A-2 advertisement have to be read in conjunction with the Chief Fire Officer's letter dated 10.01.2013 (page 42) and the RRs.
10. In the conspectus, we do not find any merit in this OA. It is accordingly dismissed.
11. There shall be no order as to costs.
(S.N. Terdal) (K.N. Shrivastava) Member (J) Member (A) 'San.'