Central Administrative Tribunal - Delhi
Raunak Rai Rana vs Delhi Subordinate Services Selection ... on 3 September, 2019
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No. 2386/2018
This the 3rd day of September, 2019
Hon'ble Mr. Pradeep Kumar, Member (A)
Hon'ble Mr. R.N. Singh, Member (J)
Raunak Rai Rana
S/o Sh. Rai Singh Rana
Aged about 27 Years
Group 'B'
R/o 65, Block F-2, Sector-11,
Rohini, Delhi-110085
Mobile No.: 9350744966, 9871271001
...Applicant
(By Advocate: Sh. K.P. Gupta)
VERSUS
1. Govt. of NCT of Delhi
Through its Chief Secretary,
Delhi Secretariat, I.P. Estate,
New Delhi
2. Delhi Subordinate Services Selection Board (DSSSB)
FC-18, Institutional Area,
Karkardooma,
Delhi-110092
Through its Secretary
3. The Director of Education
Govt. of NCT of Delhi
Old Secretariat,
Delhi
...Respondents
(By Advocate: Sh. Sidharth Panda )
2 OA 2386/2018
ORDER (Oral)
Hon'ble Mr. R.N. Singh, Member(J):
Heard the learned counsel for applicant.
2. In the present OA filed by the applicant under Section 19 of the Administrative Tribunal Act, the applicant is aggrieved of the Rejection Notice No. 209 dated 10.11.2017 of OBC category at S. No. 5 issued by Respondent No. 2, by which the applicant has been found not eligible in view of the provisions of the Advertisement No. 01/14 and the Recruitment Rules for the post of TGT Computer Science in the Directorate of Education (Respondent No. 3).
3. The case of the applicant is that the qualification as per the aforesaid advertisement for the post of TGT (Computer Science) in the Directorate of Education is as under:-
"4.5 Bachelors Degree in Computer Application (BCA) from a recognized University.
OR Graduation in Computer Science from a recognized University. (Provided that the Computer Science subject must be studied in all years as main subject).
OR B.E./B.Tech. (Computer Science/Information Technology) from a recognised University.
OR 3 OA 2386/2018 Graduation in any subject and 'A' level course from DOEACC, Ministry of Information & Communication and Technology, Govt. of India.
Note: Qualifications are relax-able at the discretion of the Competent Authority for reasons to be recorded in writing, in the case of candidates otherwise well qualified."
The applicant is stated to have acquired the Bachelor of Engineering (Embedded Systems) with a year in Industry with the award of Second Class Honours (Upper Division) on the twelfth day of July 2012 from the University of Leicester (Annexure-A/2).
4. Learned counsel for applicant refers to Equivalence Certificate dated 21.02.2013 (Annexure A-7) issued by Association of Indian Universities which certifies as under:
"EVALUATION OF EDUCATIONAL CREDENTIALS RAUNAK RAI RANA has obtained Bachelor of Engineering Degree in Embedded Systems from University of Leicester, Leicester, UK an accredited University in United Kingdom this qualification is EQUATED with Bachelor of Engineering Degree in the corresponding field of an Indian University.
(THE ORIGINAL CERTIFICATES AND SUBJECTWISE ELIGIBILITY WILL BE VERIFIED BY THE ADMISSION GIVING UNIVERSITY/INSTITUTE)"
It is also stated that vide orders issued by Ministry of HRD dated 13.03.1995, the Association of Indian 4 OA 2386/2018 University is the designated agency to give such Equivalence Certificate.
5. Learned counsel for the applicant argues that the Association of Indian University vide aforesaid certificate dated 21.02.2013, have certified that the qualification acquired by the applicant is equated with B.E. Degree in the corresponding field of an Indian University and therefore, the applicant should be treated as having the degree in Computer Science as the applicant has studied the relevant papers of Computer Science during three years of such course at University of Leicester.
6. In response to the notice of the Tribunal, respondents have filed the reply and they have categorically stated that the course completed by the applicant, i.e., B.E. (Embedded System) has been equated as B.E. (Embedded System), awarded by any Indian University but in no manner it can be construed as equivalent to B.E./B.Tech in Computer Science/Information Technology.
7. We have perused the pleadings on record and we have also considered the submissions made on behalf of the parties.
5 OA 2386/2018
8. We are of the considered view that once the designated agency, i.e., Association of Indian University has not given the certificate to the effect that the applicant possesses the certificate/qualification which is the requisite qualification for the aforesaid post, this Tribunal, exercising power of judicial review is not expected to act as the Appellate Authority over the decision of the said agency. Accordingly, OA is found to be devoid of any merit and same deserves to be dismissed.
9. Therefore, OA is dismissed. No costs.
(R.N. Singh) (Pradeep Kumar) Member(J) Member (A) /akshaya/