Central Administrative Tribunal - Chandigarh
Narender vs Education Deptt., Ut Chandigarh on 28 August, 2023
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CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
ORIGINAL APPLICATION NO.1355/2019 & 4 others
DATED THIS THE 28TH DAY OF AUGUST, 2023
(Reserved on: 08.08.2023)
CORAM:
HON'BLE MR. RAMESH SINGH THAKUR, MEMBER (J)
HON'BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)
O.A. No.1355/2019
1. Vishal Khanna S/o Sh. Anil Kumar, Aged 26 years, R/o H.
No. 45, Ward No. Bhai Matti Dass Wali Gali, Ladwa, Distt.
Kurukshetra, Haryana 136132.
2. Mohan Lal S/o Sh Ram Bhagat, Aged 32 years, R/o H. No.
337, Sector 20 HUDA, Kaithal, Haryana 136027.
3. Poonam D/o Kali Ram, Aged 28 years, R/o VPO Budana, Teh
Narnaund, Dist Hisar, Haryana, 125039
4. Babita D/o Sh Gobind Singh Aged 37 years, R/o VPO Dhana
Kalan, Teh. Hansi, Haisar, Haryana
5. Bijender Chahal S/o Sh Kuldeep Chahal, Aged 31 years, R/o
Hanuman Nagar Gali No. 4 A, Ward No 5 Narvana, Dust
Jind, Haryana 126116.
6. Poonam Devi W/o Sh Surender Kumar, Aged 29 years, R/o
VPO Kathwar Dist Kaithal, Haryana 136027
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7. Khushboo Rani D/o Chandra Bhushan Prasad, Aged 32
years, R/o VPO Karki, Bihar, 804419.
8. Sushil Kumar S/o Sh. Krishan Kumar, Aged 26 years, R/o
VPO Kamalpur, Dist Kaithal, Haryana 136117.
9. Amandeep Kaur, D/o Darshan Singh, Aged 32 years Village
Jaswanti, P.O Mouch, District Kaithal , Haryana,136027.
(All Group C)
.... APPLICANTS
Versus
1. Chandigarh Administration through its Finance Secretary-
cum-Secretary, Education Department, U.T. Secretariat,
Sector-9, Chandigarh. 160009.
2. Direct Public Instructions (Schools), Education Department,
Chandigarh Administration, Additional Deluxe Building,
Sector-9, Chandigarh. 160009.
3. The Director, School Education, Chandigarh Administration,
1st Floor, Additional Deluxe Building, Sector 9, Chandigarh
160009.
RESPONDENTS
4. National Council for Teacher Education, through its Member
Secretary, Wing II Hans Bhavan, Bahadur Shah Zang Marg,
New Delhi-110002.
PERFORMA RESPONDENT
PRESENT:- Sh. Rohit Seth learned counsel for the applicants.
Sh. Arvind Moudgil, learned counsel for the respondents.
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O.A. NO.060/349/2020
Pawan Kumar S/o Sh. Suraj Bhan Aged 28 years, R/O
Village Bidhrana Tehsil Narwana Jind- 126116.
Group C
APPLICANT
VERSUS
1. Chandigarh Administration through its Finance Secretary-
cum-Secretary, Education Department, U.T. Secretariat,
Sector-9, Chandigarh. 160009.
2. Direct Public Instructions (Schools), Education Department,
Chandigarh Administration, Additional Deluxe Building,
Sector-9, Chandigarh. 160009.
3. The Director, School Education, Chandigarh Administration,
1st Floor, Additional Deluxe Building, Sector 9, Chandigarh
160009.
RESPONDENTS
4. National Council for Teacher Education, through its Member
Secretary, Wing II Hans Bhavan, Bahadur Shah Zang Marg,
New Delhi-110002.
PERFORMA RESPONDENT
PRESENT:- Sh. Rohit Seth learned counsel for the applicants.
Sh. Arvind Moudgil, learned counsel for the respondents.
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O.A. NO. 060/107/2020
Sahab Singh S/o Mahavir Singh, Aged 28 years, R/o VPO
Saniana Tehsil Tohana, Near Chamar Dharamshala, Tohana,
Fatehabad, Distt Haryana 125113. Group C.
APPLICANT
VERSUS
1. Chandigarh Administration through its Finance Secretary-
cum-Secretary, Education Department, U.T. Secretariat,
Sector-9, Chandigarh. 160009.
2. Direct Public Instructions (Schools), Education Department,
Chandigarh Administration, Additional Deluxe Building,
Sector-9, Chandigarh. 160009.
3. The Director, School Education, Chandigarh Administration,
1st Floor, Additional Deluxe Building, Sector 9, Chandigarh
160009.
RESPONDENTS
4. National Council for Teacher Education, through its Member
Secretary, Wing II Hans Bhavan, Bahadur Shah Zang Marg,
New Delhi-110002.
PERFORMA RESPONDENT
PRESENT:- Sh. Rohit Seth for the applicant.
Sh. Arvind Moudgil proxy for Sh. A. L. Nanda, learned
counsel for the respondents.
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O.A. NO. 060/162/2020
Narender S/o Sh. Ram Partap, Aged 30 years, R/O H. No.
788/18, Near Mandir, Prem Nagar, Narwana, Jind,
Haryana-126116. Group C.
APPLICANT
VERSUS
1. Chandigarh Administration through its Finance Secretary-
cum-Secretary, Education Department, U.T. Secretariat,
Sector-9, Chandigarh. 160009.
2. Direct Public Instructions (Schools), Education Department,
Chandigarh Administration, Additional Deluxe Building,
Sector-9, Chandigarh. 160009.
3. The Director, School Education, Chandigarh Administration,
1st Floor, Additional Deluxe Building, Sector 9, Chandigarh
160009.
RESPONDENTS
4. National Council for Teacher Education, through its Member
Secretary, Wing II Hans Bhavan, Bahadur Shah Zang Marg,
New Delhi-110002.
PERFORMA RESPONDENT
PRESENT:- Sh. Rohit Seth learned counsel for the applicants.
Sh. Arvind Moudgil, learned counsel for the respondents.
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O.A. NO. 060/13/2020
1. Jyoti (aged 24 years) daughter of Sh. Ravinder Saini, wife of
Sh. Ajay Singh, resident of Village and Post Office
Madhosinghana, District Sirsa. Gr
2. Amardeep Singh (aged 28 years) son of Sh. Kulvinder
Singh, resident of Village and Post Office Madhosinghana,
District Sirsa.
APPLICANTS
VERSUS
1. Chandigarh Administration through its Finance Secretary-
cum- Secretary, Education Department, U.T. Secretariat,
Sector-9, Chandigarh 160009.
2. Direct Public Instructions (Schools), Education Department
Chandigarh Administration, Additional Deluxe Building, Sector-
9, Chandigarh. 160009.
3. The Director, School Education, Chandigarh Administration,
1" Floor, Additional Deluxe Building, Sector-9, Chandigarh.
160009.
4. National Council for Teacher Education, through its Member
Secretary, Wing II Hans Bhawan, Bahadur Shah Zang Marg,
New Delhi.
RESPONDENTS
PRESENT:- Ms. Pallavi Babbar proxy for Rakesh Nagpal for the
applicants.
Sh. Assem Rai for R. No.1 to 3, Sh. Sanjay Goyal, Sr.
CGSC, for R. No.4.
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ORDER
PER: RASHMI SAXENA SAHNI, MEMBER (A)
1. With the consent of parties, these 5 Original Applications are taken up together for disposal as a common question of law and fact is involved in all these case. However, for convenience, facts are being taken from O.A. No.1355/2019 Vishal Khanna & Ors. Vs. U.T. Chandigarh & Ors.
2. Original application No.1355/2019 has been filed by the applicants seeking following reliefs:-
"i) Quash the List of Candidates (Annexure A-7) after scrutiny by Screening Committee as displayed by the respondents on official website to the extent applicants have been declared as ineligible by stating that they have not done NTT from NCTE recognized Institution which is illegal and arbitrary as the applicants possess the qualification as per the advertisement and a candidate either has to have Diploma in Nursery Teacher Education/Pre-School Education/Early Childhood Education Programme (D.E. C.Ed.) of duration of not less than two years OR B.Ed.
(Nursery), from National Council for Teacher Education recognized institution and as such requirement is only for those having B.Ed. (Nursery) qualification for purpose of participating in selection process and not for others.
ii) For issuance of direction to the official respondents to consider the claim of applicants under their respective category based upon their merit position in terms of qualification prescribed in the Advertisement and appoint them on the post of Nursery Teachers being eligible and qualified to participate in the selection process in question, with all consequential benefits."
3. Facts of the O.A. are as follows. The Chandigarh Administration advertised to fill 131 posts (50 UR, 7 EWS, 55 8 OBC, 19 SC, 4 PWD including 2 VH, 1 OH and 1 other) of Nursery Teachers (NTT) on regular basis in pay scale of Rs. 10300- 34800+4200 GP vide recruitment notice August 2019. The last date for submission of online filling and submission of applications was 06.09.2019 to 30.09.2019 and last date for deposit of application fees was 04.10.2019. The fee confirmation list of candidates was displayed on 10.10.2019 and the written test was scheduled to be held on 10.10.2019. The applicants being fully eligible to apply for the post of Nursery Teacher filled application form and paid fees in time. Thereafter Chandigarh Administration issued a corrigendum on 15.10.2019 indicating that test will be held on 16.11.2019. The result of the written examination was declared by the Chandigarh Administration on website on 16.11.2019 and the applicants successfully cleared the written test and their names were shown in the merit list in their respective categories. Vide circular displayed on the website, the respondents called the candidates for documents verification to be held on 13.12.2019. The applicants and other candidates appeared before Document Checking Committee. The Document Checking Committee declared the outcome on 17.12.2019 in which the applicants have been declared as ineligible on the ground that their two year NTT 9 course is not from NCTE recognized institute. Eligibility determination by the document verification committee was based on interpretation given by the authorities that they must have diploma from NCTE approved institutions and that the candidate should produce clarification if otherwise. Applicants accordingly went to office of Secretary Education on 13.12.2019 wherein an officer was deputed to hear them but no clarification was given on this issue to the document verification committee. The applicants also attempted to give representation to the Committee members but they did not accept. Hence this O.A. was filed.
4. As per advertisement, the qualification for the post of Nursery Teacher, is as follows:-
(i) Senior Secondary School Certificate (Class XII or its equivalent) from recognised board with at least 50% marks OR Senior Secondary (Class XII or its equivalent) from recognized board with at least 45% marks in accordance with the NCTE Regulation, 2002 notified on 13.11.2002 AND;
(ii) Diploma in Nursery Teacher Education/Pre-School Education/Early Childhood Education Programme (D.E.C.Ed.) of duration of not less than two years, or B.Ed. (Nursery) from National Council for Teacher Education recognized institution.
5. According to the applicants, in the notification dated 12.11.2014 (Annexure A-9) by NCTE from where the educational qualification has been prescribed by the present 10 respondents more specially the one in Hindi, the word 'ATHWA' has been used in place of OR in the English notification which makes it abundantly clear without an iota of doubt that the B.Ed (Nursery) has only been sought to be from NCTE recognized institution not the other qualifications. The applicants have contended that they have diploma from a recognized institutions and that in the similar circumstances Delhi Staff Selection Board has accepted it (Advt. No.04/2017 dated 20.12.2017). According to applicants Delhi is also U.T. like Chandigarh and NCTE is as much responsible for teachers education to maintain norms and standards in Chandigarh as well as other parts of the country. There cannot be an interpretation which leads to discrimination on the same qualification. Applicants have also relied upon the Hon'ble Supreme Court decision in the case of Munna Roy v. Union of India (2000) 9 SCC 283 wherein it has been held that if administrative authority take a decision and the reason for such decision are erroneous then such a decision can be interfered with by Court of law. However, right for fair consideration for public post and equal treatment is fundamental right under Articles 14 and 16(1) of the Constitution denial of which is per se arbitrary, discriminatory and violative under these Articles.
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6. Respondent No.3 has filed written statement on behalf of respondents No.1 to 3 in the case of Vishal Khanna and others on 08.02.2021. In para 3 of their reply the respondents have stated that after checking/verification of documents in accordance with the prescribed Recruitment Rules, discrepancy list was also uploaded on the recruitment portal of NITTTR. Candidates who were not having requisite qualification were asked to submit the relevant documents/equivalent certificates in support of their eligibility, if any. During the checking/verification of documents held on 17.12.2019, it has been observed by the document checking committee that the petitioners have not passed Nursery Teacher Course from NCTE recognized institute. Accordingly, following remarks were uploaded in the discrepancy list of the portal:-
"2 year NTT Course not passed from NCTE recognized Institute. To be declared ineligible."
Another opportunity was given to the candidates to submit their documents in support to prove their eligibility for the said post on 23.12.2020 and 24.12.2020.
7. The respondents have submitted that the applicants do not fulfil basic requirement as they have done diploma from such Institutes which neither fall under the guidelines of National 12 Council for Teacher Education Act 1993 nor recognized by the National Council of Teacher Education, New Delhi.
8. Learned counsel for the respondents on 08.8.2023 have also furnished notification dated 04.12.2018 of Education Department making amendment in Chandigarh Education Service (School Cadre) (Group C) Recruitment Rules 2018. The para 3 reads as follows:-
3. In Chandigarh Education Service (School Cadre) (Group-C) Recruitment Rules 1991, In the schedule at Serial No.8 against the post Nursery Teacher on Column No.7 against the existing entries the following shall be substituted namely:-
"(i) Senior Secondary School Certificate (Class XII or its equivalent) from recognized board with at least 50% marks OR Senior Secondary (Class XII or its equivalent) from recognized board with atleast 45% marks in accordance with the NCTE Regulations, 2002 notified on 13th November, 2002, AND
(ii) Diploma in Nursery Teachers Education/ Pre-School Education/Early Childhood Education Programme (D.E.C.Ed) of duration of not less than two years or B. Ed. Nursery from NCTE recognized Institution.
9. The applicants have filed rejoinder dated 09.02.2021 stating that they have cleared their matriculation from recognised Boards and have done 2 years Nursery Teacher Training from Global Institute of Information Technology, Haryana and Rajeev Gandhi Computer Saksharta Mission, Haryana registered under NCT and Ministry of Labour, Govt. of India . 13
10. We have considered facts on record and contentions of both the sides. We have also perused notification dated 12.11.2014 of National Council of Teachers' Education issued under powers conferred by NCTE Act, 1993 from where qualification has been adopted in the advertisement by respondents.
a. In the first schedule under Regulation 4 Sub Regulation 2 determining minimum qualification for persons to be recruited in Pre Primary is as follows:-
First Schedule (See Sub-regulation (2) of Regulation (4)) The National Council for Teacher Education (Determination of Mia mum Qualifications for Persons to be recruited a Education Teachers in Pro- primary, Primary, Upper Primary, Secondary, Senior Secondary or Intermediate Schools or College Regulate as, 2014 LEVEL MINIMUM ACADEMIC AND PROFESSIONAL QUALIFICATIONS
1. Pre-School/ a.(i) Senior Secondary (Class XII or its equivalent) Nursery (For from recognized board with at least 50% marks children in the Or age group of 4- (ii) Senior Secondary (Class XII or its equivalent) 6 years) from recognized board with at least 45% marks in accordance with the National Council for Teacher
2. Pre-School/ Education (Form of application for recognition, the Nursery time limit of submission of application, determination followed by first of norms and standards for recognition of teacher two years in a education programmes and permission to start new formal school. course or training) Regulations, 2002 notified on
13.11.2002 And;
b. Diploma in Nursery Teacher Education/Pre-School Education/Early Childhood Education Programme (D.B.C.Ed.) of duration of not less than two years, or B.Ed. (Nursery) from National Council for Teacher Education recognized institution. We have also perused Hindi version dated 12.11.2014 of the 14 notification first Schedule which reads as under:-
b. We have also perused notification dated 06.02.1999 of Chandigarh Administration Education Department wherein in column 8, it is mentioned that Matriculate with Nursery Teacher Training Certificate recognized by Chandigarh Administration. No further considerations are mentioned.
c. We have also perused amendment issued by Chandigarh Administration dated 04.02.2018 to make an amendment in Chandigarh Education (School Cadre) (Group C) Recruitment Rules which read as follows:-
"(ii) Diploma in Nursery Teachers Education/ Pre-School Education/Early Childhood Education Programme (D.E.C.Ed) of duration of not less than two years or B. Ed. Nursery from NCTE recognized Institution."15
A plain reading of regulations as quoted above makes it clear as far as diploma is concerned it should be of two years duration and B.Ed. Nursery only from a NCTE recognized Institution.
11. We find that applicant have relied upon similar advertisement and acceptance of their qualification by Administration of Delhi as well as Pondichery. However, it is very clear from notification dated 04.12.2018 that Chandigarh has its own regulations and any recruitment is liable to be as per those regulations.
12. Hindi version dated 12.11.2014 is very clear that only B.Ed. is to be from NCTE recognized institute. The English version also supports B.Ed. from NCTE recognised institute. We find merit in the argument of applicant with regard to English version that the respondents in the advertisement itself had clearly depicted that a candidate should have Diploma in Nursery Teacher Education/Pre School Education/Early Childhood Programme and failing which B.Ed (Nursery) from NCTE recognized institution since "coma" and word "or" segregates the requirement of doing B.Ed (Nursery) from NCTE recognized institution from the other qualifications where "slash" has been used which is called a Virgule sign and the same is also called a slash or slant or 16 solidus or virgule [/] and the aforesaid is used to indicate a choice between the words it separates. Thus we find Hindi version and English version both have clarity. Further, the amendment of 4th December 2018 also does not say that diploma should be from NCTE recognized institutes. Nor does notification dated 06.02.1999 state that there is a requirement to get Diploma from NCTE recognised Institute. Therefore, we find that the interpretation that diploma should be from NCTE recognized institute is not tenable.
13. In our view, the interpretation that Diploma should be from NCTE recognized institute is not supported by the language of various regulations as seen supra. A harmonious construct of the provisions is necessary in these circumstances to ensure equal opportunities to all citizens in matter of employment under the State. None of the regulations can be read to state that Diploma must be from NCTE recognised institution. We agree that requirement of B.Ed. Nursery is from NCTE recognised Institute and qualification is only for the purpose of participating in the selection process.
14. We find applicants have done their diploma from an institute recognized by Govt. of India hence it cannot be said that diploma has been obtained from a non recognized Institute.
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15. In the light of above discussions, we are of the view that applicants are qualified to participate in selection process, if otherwise eligible. Hence Annexures A-7 and A-8 are quashed to the extent applicants have been declared as ineligible by stating that they have not done NTT from NCTE recognised Institute. However, for sake of uniformity and for maintaining quality, all the applicants must be similarly placed so must have done Diploma from an institute approved by Ministry/Govt. of India or State Govt as in this case.
16. We, therefore, direct the respondents to consider the claim of the applicants to participate in selection process subject to above, under their respective category based on their position in merit list in terms of qualification prescribed in the advertisement. The respondents are further directed to appoint them, if eligible otherwise, within three months from the date of receipt of certified copy of this order. They will be entitled to pay and all benefits from the date of joining. The O.A. is thus allowed and pending MAs, if any, are disposed of accordingly. No order to costs.
(RASHMI SAXENA SAHNI) (RAMESH SINGH THAKUR) MEMBER (A) MEMBER (J) /kr/