Central Administrative Tribunal - Mumbai
Sachin Sharad Naik vs M/O Textiles on 31 July, 2023
*. Sachin Sharad Naik - 4 Od Noc73/2021 _ CENTRALADMINISTRATIVE TRIBUNAL, MUMBAI BENCH. MUMBAI : " ORIGINAL APPLICATION No.73/2021 Date af Decision ¢ 31" July, 2025 CORAM : JUSTICE SHRI M.G. SEWLIKAR, MEMBER @) | DR. BHAGWAN SABAL, MEMBER (J) rer - Assistant Director : _ National Institute of Fashion Technology -- NIET Campus, Plot No. 15, Secto: nd, "Kharghar, Navi Mumbai -- ALO 210. ~ Rio, Flat No. 1002, 10° Floor , Bldg. L-19, Swapnapurti CHS, Sector 36, Kharghar, Navi Mumbai --410 210. _ --Bmail Id:[email protected] -- Mob.:9994007578 ; ; : 3 ee co - Applicant (By Advocate Shri VS. Masurkar alongwith Shri Vishal Shirke) Versus The Hon'ble Director of General - National Institute of Fashion Technology NIFT Campus, Bauz Khas, Gulmohar-Park New Delhi - 110 016. Roe b> a3, Oe * Ma, ae - The Chief Vigilance Officer National Institute of Fashion Technology NIFT Campus, Hauz Khas, Guimohar Park 'New Delhi-- 110 016. | | The Director | 'National Institute of Fashion Technology "NIPT Campus, Plot No.15, Sector-4 "New Delhi ~ 110 016. toe 5 -Respondents By Advocate Shri RR. Shetty alongwith Shri V.B. Joshi) 2° | O4 No. 73/2021 _ ORAL ORDER .
Per : Justice M.G. Sewlikar, Member () tn this: application under Section 19 of the Administrative "Tribunals Act, 1985, the applicant has challenged the show cause notice styled as Office Memorandum dated 25% November, 2020 and has sought its quashing.
2.0 Facts lie in narrow compass.
3. The -- applicant: possesses a degree 'certificate in Hindi from Mumbai Hindi . Vidyapeeth. possesses a degree of MBA from, Janhimalay @ also
-Indian School of Management and "Studies. He possesses the typing certificate of 40
4. An advertisement was issued for the post th of Assistant Director by National Institute © Fashion Technology (NIFT}) on 14 August, 2013. The applicant applied for it and he was appointed as Assistant Director on i3%* May, 2014. | |
8. A show cause notice as Office Memorandum - Gated 25th November, 2020 was issued to the soplicant mentioning therein that he had obtained 3 0 OA No.73/2021 the degree in MBA but it is observed from the copy of the certificate/statement of marks that the full form of MBA is- Masters program in Business Administration and not Master : of Business Administration. On making a further probe, it was noticed that the said degree certificate is from. indian School of Management and Studies which is mot recognised by AICTS/UGC. The applicant has. 'obtained a degree from Mumbai Hindi Vidysapesth. The n@ of the degree is Sahitya Sudhakar and it is % & wentions that. the applicant did net have experience of 5 years {60 months) but had experience of 59 months only. Therefore, the applicant was called upon to explain in 15 days as to why his contract. should not be terminated. Accordingly, . the
-applicant tendered the explanation on 02" December, 2020. In the explanation, he has stated that his degree is from a recognised university, and g Vidyapeeth! in English means ' University' .. According to him, the MBA course is a Government not a graduation degree or equivalent to 'aduation degree. The Office Memorandum also BORE 4 OA No. 73/2021 recognised course and the certificate bears a testimony for that.
&. Before the respondents could take any action on the certificate of the applicant, the applicant approached this Tribunal by filing this OR on 17 December, 2020.
e. : The respondents _ filed their reply contending that the applicant neither possesses requisite qualification for the post of Junior wAssistant nor for the post of Assistant Director.
"Recording to them, the applicant possessed at. the. 'Came of application for the post of guniox Assistant, A certificate of typing of 30 .w.p.m. whereas the requirement was 40 w.p.m. His qualification of holding a degree from Mumbai Hindi Vidyapeeth is also not a réquisite qualification because the Mumbai Hind. Vidyapeeth is not a recognised university by UGC. The MBA degree has"
been obtained from Indian School of Management and_ Studies which is also not recognised py UGC. g. «We have heard learned » counsel for the applicant and learned counsel for the respondents. 5 | Od No.73/2021 $. Learned counsel for the applicant Shri Masurkar submits that the respondents have issued the show cause notice to the applicant. He invited our attention to office Memorandum dated 18 May, 2023 in which it is seated that any Government servant who was not qualified oz eligible in terms of the Recruitment Rules ete for initial recruitment in service, he should not be retained in service. tf he has become permanent Government servant, an anquiry as prescribed under Rule 14 of - _ CCS (CCA) Rules, 1965 may be held. He submits that. respondents are duty bound to follow the procedure prescribed in this Memorandum. Learned counsel for the respondents also has no objection to this submission. He submits, on inetructions. from Shri-Khushal dangid, Joint Director, that the respondents will follow the procedure prescribed in this Memorandum for proceeding against . the. applicant after considering his reply to the show cause notice.
20, We have considered the submissions. The OM is reproduced for facility of reference:
shit S RAR ARREARS BARRE OHNE TT OCLC SAR SRO sieissonisanien pacesipipin 6 - GA No.73/2021 "BNo. 1 202(60VNIF THO Estt-Il Rectt/ Vig. Corres (2023 18-05-2023 OFFICE MEMORANDUM Subject: To seratinize/examine the selection process/RRs for the employees who have been appointed, considered for regularization as well as promotion ~ reg.
Tt has been observed that in the past during the initial recruitment of the various posts in the NIFT Camposes as well as Head Office, the candidates graduated from the different types of institutions/colleges/universities were considered for appointment in NIFT. Later on, it has been noticed that the degress/certificates submitted by them are not recognized by a University under Central/State/Provincial Act or an institution especially empowered by an act of Parliament, The status of degres/certificates was not checked during the recruliment process and now NIFT has encountered this issue. Ultimately, the candidates are liable to be removed from the services. In such cases, beside the candidates losing their jobs, NIFT also loses the cost of the Selection process involved, Therefore, it is mandatory that the process of reorutiment must be completed with due diligence to avoid such mistakes. NIFT Campuses and Head Office are requested to take precautions in the entire process of recruitment including the following activities:- oe a} Vacancy positions should be checked.
b) Advertisement should be released as per Recruitment Rules in force.
_¢) Commitiea/s at various stages should be constituted to check the Eligibility. - Criteria and scrutinize the applications as per the Recruitment Rules. en d} Deprees, if applicable, be checked carefully as "The University Grant -. Commission act, 1958 under section 22(1) has stated that a Degree can be awarded, only by a University established under the ceniral/State/Provincial Act or an institution especially empowered by an Act of Parliament to confer the degree.
2. MUED in its Note No.F.+1/88-D-1(Bhasa) 5/May 1988 has also claified that Volutery organizations are not universities or institutions deemed to be -- universities, Individuals who have obtained a certificate or degres from a voluntary Hindi institution cannot claim equivalence to a certificate or degree from a University or State examination council, Recognition of various courses of these voluntary Hindi institutions is equivalent to Hindi level only. 3, Attention is drawn to Gol decision no2 given below Rule 11 of CCSICCA) Rules, 1965 "Wherever it ig found that a Government servant, who was not qualified or eligible in terms of the Recruitment Rules, etc. for initial - recruitment in service... he should not be retained in service. [f he is a probationer or a temporary Government servant, he should be discharged or his. services should be terminated, If he has become permanent Government servant, an inquiry as preseribed in Rule 14 of CCS(CCA) Rules, 1965 may be held."
4. Therefore, all Campuses ate requested to scrutinize all the recruiiments done since inception of the NIFT Campuses and Head Office and take appropriate action as per rules indicated above, Areport on the above issue along with supportive documents should be sent to this office within one month for po OA No.73/2021 onward submission to the Ole Chief Vigilance Officer, NIFT. 5, This issues with the approval of the Direction General, NIFT." id. In terms of the above Office Memorandum, 'whenever it is found that 4 Government servant, not qualified ar: eligible in terms of recruitment rules :
for initial recruitment in service, shall not be retained in service. If-he is a probationer or a HC TE Gai ke LRU es CC temporary Government © servant, he should be discharged or his services should be terminated. If he nas beconie permanent Government servant, an dinguiry as prescribed in Rule 14 of CCS(CCA) Rules, "4965 may be held. This OM has been issued by National Institute of Fashion pechnology: head 4 office, New Delhi directing ali the WNIFT Campuses tO scrutinize ail the recruitments done since inception o£ the NIFT Campuses and Head office and take appropriate action as per the rules indicated in the OM.
12. tn terms of the submissions made by
- learned counsels on both the sides, we dispose of ehig Oh with a direction to the respondents to consider the explanation of. the applicant .tendered 8 Od No, 73/2021 on ga2ne december, 2020 and 25™ December, 2020 and take necessary action in accordance | with the procedure prescribed in the OM dated LB" May, 2023.
it is made clear that we have not made any 'observations on the merits of the matter. All the ontentions of the parties are expressly kept open. With the above "directions, the Original 'Application stands.disposed of. Pending MAs, if ANY; stand closed. Interim relief stands vacated. Mo costs.
ee - | a a (Or. Bhagwan Sahal) . _ (Justiée MUG. Sewlikar) 'Member (A) | Member (J)