Central Administrative Tribunal - Ernakulam
Sangharakshit B Suryawanashi vs The Commissioner Kvs New Delhi And ... on 17 February, 2026
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
O.A No. 180/00438/2022
Tuesday this the 17th day of February, 2026.
CORAM:
HON'BLE Mr. JUSTICE K. HARIPAL, JUDICIAL MEMBER
HON'BLE Mr. BRAJ MOHAN AGRAWAL, ADMINISTRATIVE MEMBER
Sangharakshit B. Suryawanshi, aged 37 years,
S/o Bhagoji Surya,
PRT, Kendriya Vidyalaya No.1,
Naval Base, Kochi,
Residing at: 13/94 B1, Mangayil High School,
TKS Road, Primary Health Centre,
Maradu-682 304, Kerala. - Applicant
[By Advocates : Mr. T.C. Govindaswamy, Mrs. Kala T. Gopi, Mrs.
Nishitha Balachandran & Ms. Renuka M.R. ]
Versus
1. The Commissioner,
Kendriya Vidyalaya Sangathan,
18, Institutional Area, Shaheed Jeeg Singh Marg,
New Delhi-110 016
2. The Deputy Commissioner,
Kendriya Vidyalaya Sangathan,
Regional Office, Ernakulam,
Kochi-682 020
3. The Assistant Commissioner (ESTT),
Kendriya Vidyalaya Sangathan,
18, Institutional Area, Shaheed Jeeg Singh marg,
New Delhi-110 016
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O.A No. 180/00438/2022
4. The Principal,
Kendriya Vidyalaya Sangathan No.1,
Naval Base, Kochi-682 004 - Respondents
[By Advocates: Mrs. Sreekala T.K. ]
The Original Application having been heard on 16.01.2026 and
06.02.2026, the Tribunal on 17.02.2025 delivered the following:
ORDER
Per: Mr. Braj Mohan Agrawal, Administrative Member The applicant, presently working as Primary Teacher in Kendriya Vidyalaya Sangathan No.1, Navel Base, Kochi, is aggrieved by a memorandum bearing No.F.11014(GV)/1/2019/KVS(Hq)/E-II/955-964 dated 09.05.2022, Annexure-A1, issued by the third respondent, by which he was reverted from the post of Trained Graduate Teacher(TGT) to that of Primary Teacher(PGT) on the ground that his 'B.Ed result was declared on 06.04.2013 i.e. after the cut off date i.e. 01.01.2013'
2. The applicant was initially appointed as a Primary Teacher on 13 th September, 2007. He acquired the Degree of Bachelor of Arts (Annexure-A2) and subsequently, also acquired the Degree of Bachelor of Education (Annexure-A3).
2026.02.17 V R Arunkumar 15:29:39+05'30' 3 O.A No. 180/00438/2022 The applicant submits that the marks sheet dated 06.04.2013 indicates the fact that he had acquired the Degree in the examination conducted in December, 2012 (Annexure A-4). He responded to Annexure-A5, notification for the post of TGT and submitted his application (Annexure-A6), which was checked by the Principal, KVS, Kavaratti (Annexure-A7). The applicant contends that his application was duly forwarded by the Principal, Kavaratti, after due examination He was promoted to the post of TGT vide Memo dated 12.03.2015 (Annexure A-
8) and in compliance, he joined the post on 04.04.2015 at Kasargod.
3. Applicant was issued memorandum dated 30.04.2019 (Annexure A-10), in which it was alleged that he had completed the B.Ed degree on 06.04.2013. Therefore, he was not eligible for LDE as per KVS norms. To this notice he submitted his representation dated 09.05.2019 (Annexure-A11). His representation was responded by Annexure-A1, reverting the applicant as primary teacher. He contends that there is no element of misconduct on his part and no suppression of any material information while applying for the post. The applicant further contends that as per the Recruitment Rules (Annexure-A12), B.Ed is shown as essential qualification for recruitment to the post of PGT teachers. Acquirement of B.Ed for promotion of primary teachers to TGT is not 2026.02.17 V R Arunkumar 15:29:39+05'30' 4 O.A No. 180/00438/2022 shown as essential qualification. Therefore, in the absence of any provision in the Recruitment Rules, it cannot be validly said that he had not acquired the qualification as on 01.01.2013.
4. Applicant further submits that even if for argument's sake, not conceding, the applicant is deemed to have acquired the Degree only on 06.04.2013, even then respondents are not justified in reverting the applicant, particularly in view of the fact that the applicant had completed more than 7 years service after having been duly promoted as Primary School Teacher.
5. Aggrieved, the applicant sought the following relief:-
(a) Call for the records leading to the issue of Annexure-A1 and quash the same.
(b) Direct the respondents to allow the applicant to continue as Trained Graduate Teacher (Social Studies) with all consequential benefits arising therefrom
(c) Award costs of and incidental to this application
(d) Pass such other orders or directions as deemed just, fit and necessary in the facts and circumstances of the case.
6. The respondents filed reply statement and contended that according to the 2026.02.17 V R Arunkumar 15:29:39+05'30' 5 O.A No. 180/00438/2022 advertisement for promotion through Limited Departmental Competitive Examination (LDCE) for the year 2013-14, the applicant was not eligible for promotion to the post of Trained Graduate Teacher (TGT) (Social Studies-SST), as he did not fulfill the required qualification for promotion through LDCE for the year 2013-14 on account of the fact that he did not possess B.Ed Degree as on the cut off date i.e. 01.01.2013.
7. It is further submitted by the respondents that paragraph no.7 of the Annexure-A5 notification is clear that 'the candidature of the applicant may be cancelled at any stage, even after conduct of examination and placement of posting order if found that the particulars filled by the candidate are incorrect or he/she is not eligible for the post as per Recruitment Rules of KVS."
8. The respondents further submit that as per Annexure-A12, Kendriya Vidyalaya Sangathan Recruitment Rules, it is clearly mentioned that one of the essential qualifications for the post of TGT is pass in the Central Teacher Eligibility Test (CTET), conducted by the Central Board of Secondary Education (CBSE) in accordance with the guidelines framed by the National Council for Teacher Education (NCTE) for the purpose (Annexure-R2(a). Further, the notification 2026.02.17 V R Arunkumar 15:29:39+05'30' 6 O.A No. 180/00438/2022 issued by the National Council for Teacher Education (NCTE) dated 23.08.2010 stipulated that one of the essential qualifications required to teach in Classes VI to VII is Bachelor of Education (B.Ed) {Annexure R2(b)}.
9. The applicant filed rejoinder and submits that he fulfils the conditions prescribed in the advertisement including the educational qualification for promotion through LDCE. Para 2 of Annexure-A5 notification reads as under:
"The feeder posts, promotional posts, educational qualification and eligibility criteria for various posts shall be as per Recruitment Rules in vogue for the year vacancies are to be filled" (emphasis supplied) The question to be considered is what was the recruitment rules in vogue for the year for which vacancies were to be filled. Annexure-A12 Recruitment Rules published on 13.07.2012 was the Recruitment Rules in vogue for the vacancy year 2013 and going by the Recruitment Rules, the qualification for promotion to the post of Trained Graduate Teacher does not show B.Ed as an essential qualification. B.Ed is required only for promotion to the post of Post Graduate Teacher and not for promotion to the post of Trained Graduate Teacher.
Therefore, the contention that the applicant did not fulfil the requisite qualification is not correct. Applicant had the qualification of graduation in the subject and also the requisite teaching experience as Primary School Teacher for a 2026.02.17 V R Arunkumar 15:29:39+05'30' 7 O.A No. 180/00438/2022 period of 5 years, as provided for in Col.11 of the schedule relating to the post of Trained Graduate Teacher. Therefore, the contention that the applicant did not have the B.Ed. Degree on the cut off date of 01.01.2013 is without substance.
10. The applicant further contends though the B.Ed degree is not a requisite eligibility condition for promotion to the post of Primary Teachers with 5 years experience, the applicant still have the B.Ed degree having acquired the same by participating in the examination held in December 2012, though the results were published only later. Therefore, the reason that the applicant did not have the requisite qualification of B.Ed as on 01.01.2013, as stated for cancellation of applicant's promotion, is without substance and merit.
11. The applicant further submits that Annexure-R2(a) is not applicable for appointment by promotion and passing Central Teacher Eligibility Test is a sine- qua-non only for direct recruitment and not for promotion. Contention of respondents that a notification has been issued by NCTE on 23.08.2010, but the same has not been incorporated in Annexure-A12 rules published in July 2012. Moreover, after having promoted the applicant and allowed him to continue as many as 7 years, the respondents are estopped from holding that the applicant 2026.02.17 V R Arunkumar 15:29:39+05'30' 8 O.A No. 180/00438/2022 was ineligible.
12. The applicant relied on the judgement of the Hon'ble Supreme Court in Sukh Bilash Thakur vs. The Bihar State Electricity Board { (2019) 4 SCC 258} dated 09.01.2019, observation in paragraphs 4 and 5 are as under:-
"4. We have heard learned counsel for the parties. Manifestly from the materials on record there has been no suppression or fraud by the appellant in securing appointment to the post of Bill Clerk on 03.02.1981. Indisputably he was appointed after verification of his qualifications and through the process of a competitive examination followed by an interview. There have been no allegations against him in discharge of his duties as a Bill Clerk. The appellant, in the cause shown, had explained that at the time he appeared at the matriculation examination, mathematics was compulsory upto class 9 only. The appellant had passed the departmental examination in service. It is only when he staked his claim for selection grade, the respondents appear to have woken up from their stupor nearly twenty five years later seeking to raise issues with regard to the appointment. Unfortunately, these factors did not fall for consideration by the High Court despite being available on record.
5. In the facts and circumstances of the present case, we consider the order of reversion issued nearly twenty five years later to be highly unjust, inequitable and arbitrary suffering from the vice of unreasonableness. Consequently, it is held to be unsustainable...."
The applicant also relied on the Order of the Jaipur Bench of this Tribunal in OA No.238/2016 dated 17.01.2020, relevant paragraphs 11 and 12 are reproduced:-
"11. We also note that in a catena of judgments relating to the 2026.02.17 V R Arunkumar 15:29:39+05'30' 9 O.A No. 180/00438/2022 appointment of persons pursuant to some kind of selection process, various High Courts and the Apex Court have upheld the general principle that persons so appointed should not be ousted owing to any error made in any step of the selection process for which they could not be held responsible, especially where they have subsequently served for some substantive period in their appointment without giving cause for complaint. In the present case also, even If it is held that the regular promotion order passed by the respondents vide order dated 22.05.2013, (Annexure A/5), was erroneous owing to non-adherence to some aspect of the relevant/prescribed procedures, these shortcomings or lapses clearly cannot be attributed to the applicant and therefore it would be highly unjust to penalise her for the same by way of reversion.
12. Accordingly, the OA succeeds. The impugned order dated 30.03.2016, (Annexure A/1), is quashed and set aside with a direction to the respondents to hold good the regular promotion of the applicant made by them vide order dated 22.05.2013, (Annexure A/5), on the post of Head Typist along with all consequential benefits."
13. During the oral hearing, the respondents cited the following judgements:-
Judgement of the Hon'ble Supreme Court in Ashok Kumar Sonkar v. Union of India and others {(2007) 4 SCC 54} dated 23.02.2007 which dealt with :-
Recruitment-- fixation of cut off date- cut off date for determination of eligibility of the candidates must be fixed in order to avoid any uncertainty-- expression 'any proceeding'--- Scope of - distinction between illegal appointment and irregular appointment; Judgement of the Hon'ble High Court of Kerala in Dr. Ign. Pyarilal S.K. v. Cochin University of Science and Technology and others {2005 KHC 890} 2026.02.17 V R Arunkumar 15:29:39+05'30' 10 O.A No. 180/00438/2022 on the matter "Applicant should be qualified on the last date fixed for filing the applications-- not enough that the person acquires qualification subsequently" and order of this Tribunal in OA No.453/2021 and 454/2021 dated 22.03.2022.
14. From the rival pleadings the issues for adjudication are as under:-
(i) B.Ed. as an essential qualification for promotion to the post of TGT in terms of Annexure-A5 notification
(ii) Eligibility of the candidate for appearing in LDE for the year 2013-2014.
15. A plain reading of Annexure-A5 notification dated 15.07.2014 brings out eligibility requirement, in para-2 stated as under:-
"2. The feeder posts, promotional posts, educational qualification and eligibility criteria for various posts shall be as per Recruitment Rules in vogue for the year vacancies are to be filled."
As per the Recruitment rules in vogue, dated 13.07.2012 (Annexure-A12) the relevant rules for the post of Trained Graduate Teacher is as under:-
S.No. Details Recruitment Rules
7 Educational & other Essential
qualifications required for
direct recruits 1) Four years' Integrated degree course of
Regional College of Education of NCERT in
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the concerned subject with at least 50%
marks in aggregate;
OR
Bachelor's Degree with at least 50% marks
in the concerned subjects/ combination of
subjects and in aggregate. The electives
subjects and Languages in the
combination of subjects as under:
a) For TGT (Sanskrit): Sanskrit as a subject in all the three years.
b) For TGT (Hindi): Hindi as a subject in all the three years.
c) For TGT (English): English as a subject in all the three years.
d) For TGT (S.St) Any two of the following:
History, Geography, Economics and Pol.
Science of which one must be either History or Geography.
e) For TGT (Maths) Bachelor Degree in Maths with any two of the following subjects: Physics, Chemistry, Electronics, Computer Science, Statistics.
f) For TGT (Science)- Botany, Zoology and Chemistry.
2) Pass in the Central Teacher Eligibility Test (CTET), conducted by CBSE in accordance with the Guidelines framed by the NCTE for the purpose.
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3) Proficiency in teaching Hindi and English medium Desirable:
Knowledge of Computer Applications.
8 Whether age and educational Age- No. qualifications prescribed for Educational Qualification:- Yes, However, direct recruits will apply in the condition of having 50% marks and the case of promotees/Deptt. above in graduation or equivalent shall Examinee not apply in case of teachers who have rendered at least 5 years of service in KVS as PRT From the above it is evident that B.Ed degree is not an essential qualification for TGT posts neither in the case of direct recruitment nor in the case of promotees/Departmental examinee.
16. As far as reliance of the respondents in notification dated 23.08.2010 (Annexure-R29b) is concerned, it is noted that minimum qualification for classes VI to VIII, B.Ed degree is prescribed for appointment of direct recruitment. Further, it can be inferred from para 4:-
"4. Teacher appointed before the date of this Notification.- The following categories of teachers appointed for classes I to VIIl prior to date of this Notification need not acquire the minimum qualifications specified in Para (1) above,:
(a) A teacher appointed on or after the 3rd September, 2001 i.e, the date on which the NCTE (Determination of Minimum Qualifications for Recruitment of Teachers in Schools) Regulations, 2001 (as amended from time to time) came into force, in 2026.02.17 V R Arunkumar 15:29:39+05'30' 13 O.A No. 180/00438/2022 accordance with that Regulation.
Provided that a teacher of class I to V possessing B. Ed qualification, or a teacher possessing B. Ed (Special Education) or D. Ed (Special Education) qualification shall undergo an NCTE recognized 6 month special programme on elementary education.
(b) A teacher of class I to V with B. Ed qualification who has completed a 6-month Special Basic Teacher Course (Special BTC) approved by the NCTE;
(c) A teacher appointed before the 3rd September, 2001, in accordance with the prevalent Recruitment Rules.
17. It is observed that in the application submitted by the applicant (Annexure- A6), he indicated possession of B.Ed degree or equivalent, against notification dated 15.07.2014 (last date for submitting online application by the candidate as 07.10.2014), which can be assumed to be correct as he had already acquired B.Ed degree, Annexure-A3 dated 04.02.2013. The application was duly cross-checked by the Principal, KV and forwarded (Annexure A-7) and following subsequent examination, he was selected and promoted.
18. For the selection, as mentioned in Annexure A5 notification, Recruitment Rules (Annexure-A12) dated 13.07.2012 in vogue will primarily hold the field despite other notification issued by NCTE dated 23.08.2010 {Annexure R2(b)}. As 2026.02.17 V R Arunkumar 15:29:39+05'30' 14 O.A No. 180/00438/2022 per the Recruitment Rules, B.Ed was not an essential educational qualification, therefore, Respondents cannot insist upon acquisition of B.Ed qualification for TGT post on promotion. Eligibility of the candidate after having served 7 years as TGT can not be called in question by the Respondents, which is unjustified and in violation of rules in vogue.
20. In the spirit of the judicial pronouncement by Hon'ble Apex Court in Sukh Bilash Thakur case (supra) and order of Jaipur Bench of this Tribunal in OA No.238/2016 too, cancelling candidature after long years of service as TGT is unsustainable. We find no justification on the part of the respondents for cancellation of the applicant's candidature. Annexure-A1 is unsustainable in the eyes of law and is liable to be quashed. OA is allowed. Resultantly, Annexure-A1 is quashed. We direct the respondents to allow the applicant to continue as TGT with all consequential benefits arising thereof. No costs.
(Dated the 17th February, 2026)
(BRAJ MOHAN AGRAWAL) (JUSTICE K. HARIPAL)
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
va
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Annexures OA./180/00438/2022
Annexure A-1- A true copy of the memorandum bearing No.F.11014(GV)/1/2019/KVS(HQ)/E-II/955-964 dated 09.05.2022 issued by the third respondent Annexure A-2- A true copy of the certificate issued under Seat No.BC006583 dated 25th May, 2010 issued by Dr. Babasaheb Ambedkar Marthawada University Aurangabad Annexure A-3- A true copy of the certificate bearing No.IG27-35176 dated 4th February, 2013 issued by the Indira Gandhi National Open University Annexure A-4- A true copy of the certificate bearing No.BED 111934569 dated 06.04.2013, issued by the Indira Gandhi National Open University Annexure A-5- A true copy of the notification issued from the office of the first respondent under bearing No.F11053/7/2010-KVS(RPS) dated 15.07.2014.
Annexure A-6- A true copy of the application downloaded from the website Annexure A-7- A true copy of the check list for the post of Trained Graduate Teacher was submitted by the Principal, KVS, Kavaratti, dated 31.03.2015 Annexure A-8- A true copy of the memorandum bearing No.F11055/TGT/LDE/2014-15/KV(HQ)/Estt-II dated 12.03.2015 issued from the office of the first respondent Annexure A-9-A true copy of the relieving order bearing No.F.2- 8/KVK/2015-16 dated 31.03.2015 Annexure-A10-A true copy of the memorandum bearing No.11014/01/2017/KVS(HQ)/Estt-II/LDE-PRT/2013-14/646-652 dated 30.04.2019 issued by the third respondent 2026.02.17 V R Arunkumar 15:29:39+05'30' 16 O.A No. 180/00438/2022 Annexure-A11- A true copy of the letter dated 09.05.2019 submitted by the applicant to the 2nd respondent Annexure-A12- A true copy of the Recruitment Rules, downloaded from the website *** Annexure R2(a)- A true copy of the guidelines for Central Teacher Eligibility Test (CTET) dated 11.02.2011 Annexure R2(b) - A true copy of the notification issued by the National Council for Teacher Education (NCTE) dated 23.08.2010 ******* 2026.02.17 V R Arunkumar 15:29:39+05'30'