Central Administrative Tribunal - Mumbai
Mahadeo Ganesh More vs Kvs on 4 April, 2025
1 OA Nos.1161, 1162, 1163, 1164,
1165, 1166, 1167, 1168, 1169 & 1170 of 2023 and
72, 220 & 460 of 2024
CENTRAL ADMINISTRATIVE TRIBUNAL,
MUMBAI BENCH, MUMBAI
ORIGINAL APPLICATION Nos.1161, 1162, 1163,
1164, 1165, 1166, 1167, 1168, 1169 & 1170 of 2023
and 72, 220 & 460 of 2024
Dated this Friday, the 04th day of April, 2025
CORAM : HON'BLE MR. SHRI KRISHNA, MEMBER (A)
HON'BLE MR. UMESH GAJANKUSH, MEMBER (J)
OA No.1161/2023 -
Shri Ighare Mahadev Sadashiv, Aged about 31 years,
S/o Sadashiv Ighare, R/at Quarters 2/2,
Shikshak Awas Colony, Vadner Gate,
Nasik Road Camp, Nasik 422 102. - Applicant
Versus
1. The Commissioner,
Kendriya Vidyalaya Sangathan,
18, Institutional Area, Shaheed Jeet Singh Marg,
New Delhi 110 016.
2. Deputy Commissioner,
Kendriya Vidyalaya Sangathan,
Mumbai Region, IIT Campus, Powai,
Pune 400 076.
3. The Principal, Kendriya Vidyalaya
ISP Nasik Road 422 101.
4. The Registrar,
Yashwantrao Chavan Maharashtra Open University,
Dnyangangotri, Near Gangapur Dam, Govardhan,
Nashik 422 222. - Respondents
Page 1 of 24
2 OA Nos.1161, 1162, 1163, 1164,
1165, 1166, 1167, 1168, 1169 & 1170 of 2023 and
72, 220 & 460 of 2024
OA No.1162/2023 -
Shri Kulkule Khudboddin Rashidsab, Aged about 30 years,
S/o Rashidsab Kulkule, R/at At Post Gudsur Tal : Udgir,
Dist. Latur 413 518. - Applicant
Versus
1. The Commissioner, Kendriya Vidyalaya Sangathan,
18, Institutional Area, Shaheed Jeet Singh Marg,
New Delhi 110 016.
2. Deputy Commissioner, Kendriya Vidyalaya Sangathan,
Mumbai Region, IIT Campus, Powai, Pune 400 076.
3. The Principal, Kendriya Vidyalaya STC,
BSF, Tq. Chakur, Dist. Latur 413 533.
4. The Registrar,
Yashwantrao Chavan Maharashtra Open University,
Dnyangangotri, Near Gangapur Dam, Govardhan,
Nashik 422 222. - Respondents
OA No.1163/2023 -
Shri Pravin Sangram Suryawanshi, Aged about 39 years,
S/o Sangram Suryawanshi, R/at Dwarka Nagari Society,
C-208, Behind Isckon Temple, Tilekar Nagar,
Kondwa Br. 411 048. - Applicant
Versus
1. The Commissioner, Kendriya Vidyalaya Sangathan,
18, Institutional Area, Shaheed Jeet Singh Marg,
New Delhi 110 016.
2. Deputy Commissioner, Kendriya Vidyalaya Sangathan,
Mumbai Region, IIT Campus, Powai, Pune 400 076.
Page 2 of 24
3 OA Nos.1161, 1162, 1163, 1164,
1165, 1166, 1167, 1168, 1169 & 1170 of 2023 and
72, 220 & 460 of 2024
3. The Principal,
Kendriya Vidyalaya Southern Command, Pune 411 001.
4. The Registrar,
Yashwantrao Chavan Maharashtra Open University,
Dnyangangotri, Near Gangapur Dam, Govardhan,
Nashik 422 222. - Respondents
OA No.1164/2023 -
Shri Ramesh Babruvan Kadam, Aged about 34 years,
S/o Babruvan Kadam, R/at At Post Ganga Hiparga,
Tal. Ahmedpur, Dist. Latur 413 515. - Applicant
Versus
1. The Commissioner, Kendriya Vidyalaya Sangathan,
18, Institutional Area, Shaheed Jeet Singh Marg,
New Delhi 110 016.
2. Deputy Commissioner, Kendriya Vidyalaya Sangathan,
Mumbai Region, IIT Campus, Powai, Pune 400 076.
3. The Principal, Kendriya Vidyalaya SCR,
Divisional Railways Office Campus, Airport Road,
Nanded 431 605. - Respondents
OA No.1165/2023 -
Shri Chetan Sambhaji Kadge, Aged about 36 years
S/o Sambhaji Kadge, R/at Flat No.A104,
Dreams Lynnea Kesnand Road, Near Nisarg Hotel,
Wagholi, Pune 412 207. - Applicant
Versus
1. The Commissioner, Kendriya Vidyalaya Sangathan,
18, Institutional Area, Shaheed Jeet Singh Marg,
New Delhi 110 016.
Page 3 of 24
4 OA Nos.1161, 1162, 1163, 1164,
1165, 1166, 1167, 1168, 1169 & 1170 of 2023 and
72, 220 & 460 of 2024
2. Deputy Commissioner, Kendriya Vidyalaya Sangathan,
Mumbai Region, IIT Campus, Powai, Pune 400 076.
3. The Principal,
PM SHRI Kendriya Vidyalaya No.1, AFS Pune 411 032.
4. The Principal,
PM SHRI Kendriya Vidyalaya No.2, AFS Pune 411 032.
5. The Registrar,
Yashwantrao Chavan Maharashtra Open University,
Dnyangangotri, Near Gangapur Dam, Govardhan,
Nashik 422 222. - Respondents
OA No.1166/2023 -
Shri Kiran Kacharuba Budhawat, Aged about 38 years,
S/o Kacharuba Budhawat, R/at Flat No.F 6/3,
Batra Residency MHADA Tisgaon, Waluj,
Aurangabad 431 136. - Applicant
Versus
1. The Commissioner, Kendriya Vidyalaya Sangathan,
18, Institutional Area, Shaheed Jeet Singh Marg,
New Delhi 110 016.
2. Deputy Commissioner, Kendriya Vidyalaya Sangathan,
Mumbai Region, IIT Campus, Powai, Pune 400 076.
3. The Principal,
Kendriya Vidyalaya Chattrapati Sambhajinagar,
Near Nagar Naka, Chhawani
Dist. Chhatrapati Sambhajinagar - 431 002.
4. The Registrar,
Yashwantrao Chavan Maharashtra Open University,
Dnyangangotri, Near Gangapur Dam, Govardhan,
Nashik 422 222. - Respondents
Page 4 of 24
5 OA Nos.1161, 1162, 1163, 1164,
1165, 1166, 1167, 1168, 1169 & 1170 of 2023 and
72, 220 & 460 of 2024
OA No.1167/2023 -
Smt. Sheetal Balaji Nikhate, Aged about 40 years,
S/o Balaji Nikhate, R/at B 104,
Gloria, Bhavsingpura Aurangabad,
Aradhya Residency, Tri Ratna Chowk,
Patehnagar, Aurangabad 431 002. - Applicant
Versus
1. The Commissioner, Kendriya Vidyalaya Sangathan,
18, Institutional Area, Shaheed Jeet Singh Marg,
New Delhi 110 016.
2. Deputy Commissioner, Kendriya Vidyalaya Sangathan,
Mumbai Region, IIT Campus, Powai, Pune 400 076.
3. The Principal,
PM SHRI Kendriya Vidyalaya Chattrapati Sambhajinagar,
Near Nagar Naka, Chhatrapati Sambhajinagar Cantt.
4. The Registrar,
Yashwantrao Chavan Maharashtra Open University,
Dnyangangotri, Near Gangapur Dam, Govardhan,
Nashik 422 222. - Respondents
OA No.1168/2023 -
Shri Gajanan Kundlik Kamble, Aged about 39 years,
S/o Kundlik Kamble, R/at F4,
Aradhya Residency, Tri Ratna Chowk, Pethenagar,
Aurangabad 431 002. - Applicant
Versus
1. The Commissioner, Kendriya Vidyalaya Sangathan,
18, Institutional Area, Shaheed Jeet Singh Marg,
New Delhi 110 016.
Page 5 of 24
6 OA Nos.1161, 1162, 1163, 1164,
1165, 1166, 1167, 1168, 1169 & 1170 of 2023 and
72, 220 & 460 of 2024
2. Deputy Commissioner, Kendriya Vidyalaya Sangathan,
Mumbai Region, IIT Campus, Powai, Pune 400 076.
3. The Principal,
Kendriya Vidyalaya Shift 1st Near Nagar Naka
Chhavni Chh. Sambhajinagar 431 002.
4. The Registrar,
Yashwantrao Chavan Maharashtra Open University,
Dnyangangotri, Near Gangapur Dam, Govardhan,
Nashik 422 222. - Respondents
OA No.1169/2023 -
Shri Chandramohan Dhanraj Mandare,
Aged about 38 years, S/o Dhanraj Mandare,
R/at Flat No.3, Siddhivinayak Apartment
Vimal Nagar Near Aher Park, Ojhar, Nashik. - Applicant
Versus
1. The Commissioner, Kendriya Vidyalaya Sangathan,
18, Institutional Area, Shaheed Jeet Singh Marg,
New Delhi 110 016.
2. Deputy Commissioner, Kendriya Vidyalaya Sangathan,
Mumbai Region, IIT Campus, Powai, Pune 400 076.
3. The Principal, Kendriya Vidyalaya
Shift 1st Chh. Sambhajinagar Cantt. 431 002.
4. The Registrar,
Yashwantrao Chavan Maharashtra Open University,
Dnyangangotri, Near Gangapur Dam, Govardhan,
Nashik 422 222. - Respondents
Page 6 of 24
7 OA Nos.1161, 1162, 1163, 1164,
1165, 1166, 1167, 1168, 1169 & 1170 of 2023 and
72, 220 & 460 of 2024
OA No.1170/2023 -
Shri Vikas Namdeo Nagare, Aged about 40 years,
S/o Namdeo Nagare, R/at Flat No.1,
Omkar Apartment Khadkeshwar,
Chh. Sambhajinagar (Aurangabad) 431 001. - Applicant
Versus
1. The Commissioner, Kendriya Vidyalaya Sangathan,
18, Institutional Area, Shaheed Jeet Singh Marg,
New Delhi 110 016.
2. Deputy Commissioner, Kendriya Vidyalaya Sangathan,
Mumbai Region, IIT Campus, Powai, Pune 400 076.
3. The Principal,
PM SHRI Kendriya Vidyalaya Chhatrapati Sambhajinagar
Cantt Near Naka Chhatrapati Sambhajinagar Cant 431 002
(Aurangabad).
4. The Principal, PM SHRI Kendriya Vidyalaya IIT Powai
IIT Campus, Powai, Mumbai 400 076.
5. The Registrar,
Yashwantrao Chavan Maharashtra Open University,
Dnyangangotri, Near Gangapur Dam, Govardhan,
Nashik 422 222. - Respondents
OA No.72/2024 -
Shri Prathamesh Gopal Rokade, Aged about 30 years,
S/o Shri Gopal Rokade, R/at KV CME Staff Quarter No.III/I
Dapodi, Pune 411 031. - Applicant
Versus
1. The Commissioner, Kendriya Vidyalaya Sangathan,
18, Institutional Area, Shaheed Jeet Singh Marg,
New Delhi 110 016.
Page 7 of 24
8 OA Nos.1161, 1162, 1163, 1164,
1165, 1166, 1167, 1168, 1169 & 1170 of 2023 and
72, 220 & 460 of 2024
2. Deputy Commissioner, Kendriya Vidyalaya Sangathan,
Mumbai Region, IIT Campus, Powai, Pune 400 076.
3. The Principal,
PM SHRI Kendriya Vidyalaya CME, Pune 411 031.
4. The Principal,
PM SHRI Kendriya Vidyalaya IIT Powai IIT Campus,
Powai Mumbai 400 076.
5. The Registrar,
Yashwantrao Chavan Maharashtra Open University,
Dnyangangotri, Near Gangapur Dam, Govardhan,
Nashik 422 222. - Respondents
OA No.220/2024 -
Shri Mahadeo Ganesh More,
Aged about 34 years, S/o Shri Ganesh More,
R/at KV CME Staff Quarter No.III/II
Dapodi Pune 411 031. - Applicant
Versus
1. The Commissioner, Kendriya Vidyalaya Sangathan,
18, Institutional Area, Shaheed Jeet Singh Marg,
New Delhi 110 016.
2. Deputy Commissioner, Kendriya Vidyalaya Sangathan,
Mumbai Region, IIT Campus, Powai, Pune 400 076.
3. The Principal,
PM SHRI Kendriya Vidyalaya CME, Pune 411 031.
4. The Principal, Kendriya Vidyalaya Rangehills Estate,
Kirkee, Pune 411 020.
5. The Registrar,
Yashwantrao Chavan Maharashtra Open University,
Dnyangangotri, Near Gangapur Dam, Govardhan,
Nashik 422 222. - Respondents
Page 8 of 24
9 OA Nos.1161, 1162, 1163, 1164,
1165, 1166, 1167, 1168, 1169 & 1170 of 2023 and
72, 220 & 460 of 2024
OA No.460/2024 -
Shri Ingole Dilip Shekoji,
S/o Late Shri Shekoji Bhivaji Ingole,
Aged about 41 years, 402, Tulsi Aangan,
Old Pune Mumbai Highway Uday Colony,
Wadgaon Maval, Wadgaon Maval Pune 412 106,
Email : [email protected], (M) 7066734415. - Applicant
Versus
1. Union of India, Through Ministry of Education,
Department of School Education and Literacy,
107A-D, Shastri Bhavan, New Delhi 110 001.
2. The Commissioner, Kendriya Vidyalaya Sangathan,
18, Institutional Area, Shaheed Jeet Singh Marg,
New Delhi 110 016.
3. Deputy Commissioner, Kendriya Vidyalaya Sangathan,
Mumbai Region, IIT Campus, Powai, Pune 400 076.
4. The Principal,
PM SHRI Kendriya Vidyalaya No.2,
OF Dehu Road Pune, Pune 412 101.
5. The Principal, PM SHRI Kendriya Vidyalaya,
Talegaon Pune 410 507. - Respondents
Appearances -
Shri P.J.Prasadrao, learned counsel for the applicant in all the
OAs.
Dr. V.S.Masurkar, learned counsel for the respondents in all the
OAs.
Reserved on 20.02.2025
Pronounced on 04.04.2025
Page 9 of 24
10 OA Nos.1161, 1162, 1163, 1164,
1165, 1166, 1167, 1168, 1169 & 1170 of 2023 and
72, 220 & 460 of 2024
COMMON ORDER
Per : Umesh Gajankush, Member (J)
This order shall govern the disposal of OA Nos.1161, 1162, 1163, 1164, 1165, 1166, 1167, 1168, 1169 & 1170 of 2013 and 72, 220 & 460 of 2024. Since the common question involved in the present cases with the consent of the parties, heard and all these Original Applications are disposed of by a common order.
1. Both the learned counsels argued their case in Original Application No.1161/2023 and for the sake of brevity for the disposal of the present batch of the case, facts stated in OA No.1161/2023 are taken into consideration.
2. The applicant is aggrieved of declaring him as not eligible in the revised panel for the post of TGT in the order No.F.11055/1/2022/KVS/RPs/TGT (Srl No.17) dated 05.07.2023 (Annexure A-1) for promotion to the post of TGT (English). Although, the applicant was selected in the main panel order No.F.11055/1/2022/KVS/RPS/TGT dated 25.04.2023 (Annexure A-2) (Serial No.43) of Main Panel UR 2023 for the post of TGT (English), the Limited Departmental Competitive Examination 2022 for the vacancy year 2023 (LDCE). The respondents failed to intimate to the applicant the reasons for declaring not eligible Page 10 of 24 11 OA Nos.1161, 1162, 1163, 1164, 1165, 1166, 1167, 1168, 1169 & 1170 of 2023 and 72, 220 & 460 of 2024 after verifying the eligibility conditions and vigilance clearance.
3. Brief facts of the case are that the applicant was recruited as Primary Teacher and made permanent on 17.10.2019 in pay level 6 in Kendriya Vidyalaya No.1 Madhurai as Primary Teacher (PRT). The applicant belongs to OBC Category. 3(a). The applicant's qualification is SSC, HSC, B.Ed, BA, B.Ed and MA in English. The applicant has passed Central Teacher Eligibility Test (for short 'CTET') fully qualified for teaching as Trained Graduate Teacher in the year 2019. Copy of Eligibility Certificate dated 27.12.2019 is on record.
3(b). The respondent No.1 has issued notification dated 02.11.2022, notifying for filling up of vacancies for the post of TGT through Limited Departmental Competitive Examination (for short 'LDCE'), 2022. The essential educational qualification required is BA (English) as a subject in all three years for recruitment of TGT. Since the applicant is fully qualified having CTET inter alia other qualification, therefore, applied in the said selection process.
3(c). On 19.01.2023, a provisional Admit Card for LDCE, 2022 for the post of TGT (English) was issued to the applicant after scrutinizing the certificates and the eligibility criteria. Page 11 of 24 12 OA Nos.1161, 1162, 1163, 1164,
1165, 1166, 1167, 1168, 1169 & 1170 of 2023 and 72, 220 & 460 of 2024 3(d). On 25.04.2023, the applicant was selected in the Main Panel (Sr.No.43) for the post of TGT (English) through LDCE 2022 on merit. However, vide issuing the revised Main Panel for the post of TGTs in KVS through LDCE - 2022 on 05.07.2023, the applicant was declared as not eligible for preparation of the panel for the post of TGT. In the said list, the name of the applicant finds place at Serial No.17. It is submitted that no reasons have been assigned for declaring him as ineligible. 3(e). Thereafter, on 06.11.2023, the respondents have published a list of selected candidates for the promotion. Therefore, the applicant has submitted representation dated 08.11.2023, however, no reply was received and, therefore, the present Original Application has been filed. 3(f). It is submitted that once after the scrutinizing the certificates and complying with the eligibility criteria, Provisional Admit Card was issued to the applicant and, thereafter, in Main Panel list dated 25.04.2023, name of the applicant was included, however, in the impugned revised list dated 05.07.2023 exclusion of the applicant's name is arbitrary and illegal. Along with Original Application, applicant has placed on record Mark Sheet of BA 1st year, 2nd year and final year annexed as Page 12 of 24 13 OA Nos.1161, 1162, 1163, 1164, 1165, 1166, 1167, 1168, 1169 & 1170 of 2023 and 72, 220 & 460 of 2024 Annexures A-10 to A-12) and the Certificate issued by the Yashwantrao Chavan Maharashtra Open University (Annexure A-21) to show that he is possessing the requisite qualification as per the Recruitment Rules, therefore, the applicant is eligible to grant promotion to the Grade of TGT (English) with all consequential benefits.
4. After notice, the official respondents have filed their reply and contested the OA. It is submitted that the name of the applicant was published in the list of selected candidates for main panel for the post of TGT in KVS through LDCE 2022 vide Order No.11055/1/2022/KVS/RPS/TGT dated 25.04.2023 but in the revised panel published by KVS Headquarters, New Delhi vide order No.F.11055/1/2022/KVS/RPS/TGT dated 05.07.2023, his name published in the list of ineligible candidate as the applicant has studied Foundation Course in English and Hindi in the 1st year and not English as Main / Elective Subject and has studied English in the 2nd and 3rd year which does not fulfill the eligibility criteria as per notification of LDCE dated 02.11.2022 of KVS Headquarters, New Delhi and has not offered him promotion to the post of TGT (English) vide Order No.F.11055/TGT(Eng)/LDCE/2023/KVS(HQ)/Estt-II/8168 dated Page 13 of 24 14 OA Nos.1161, 1162, 1163, 1164, 1165, 1166, 1167, 1168, 1169 & 1170 of 2023 and 72, 220 & 460 of 2024 06.11.2023. The applicant is not eligible as per eligibility criteria prescribed by KVS and, therefore, the OA is devoid of any merit and thus, liable to be dismissed in limine.
4(a). The Kendriya Vidyalaya Sangathan is an autonomous organization registered under the Society Registration Act, 1860 and fully financed by the Government of India (Ministry of Education) with an objective to cater to the educational needs of children of transferable Central Government employees including defence personnel by providing common programme of education, to develop Vidyalayas as model in the context of national role of Indian education, and to initiate and promote experimentation in the field of education in collaboration with Central Board of Secondary Education, National Council of Educational Research and Training and allied bodies to promote national integration.
4(b). It is stated that it runs a chain of 1255 Kendriya Vidyalayas including three abroad, five Zonal Institutes and twenty-five Regional Offices spread across the country. The Chairman of the Kendriya Vidyalaya Sangathan is the Union Minister of Education and Vice Chairperson is the Joint Secretary of the Department of School Education and Literacy, Ministry of Page 14 of 24 15 OA Nos.1161, 1162, 1163, 1164, 1165, 1166, 1167, 1168, 1169 & 1170 of 2023 and 72, 220 & 460 of 2024 Education, Government of India. The Kendriya Vidyalaya Sangathan is headed by the Commissioner. The policy decisions of the Kendriya Vidyalaya Sangathan are taken by the Board of Governors consisting of eminent educationists and administrators from all over the Country. The service conditions of Kendriya Vidyalaya Sangathan employees are governed by the Education Code of Kendriya Vidyalaya in vogue. 4(c). Further, it is submitted that in the functioning of the Sangathan, a Board of Governors has been constituted to approve the policy of the Sangathan. The Commissioner of the Kendriya Vidyalaya Sangathan is the Chief Administrator and Chief Executive to implement the policies approved by the Board of Governors. The recurring and non-recurring expenditure of Kendriya Vidyalaya Sangathan is fully financed by the Government of India (Ministry of Education). Therefore, on the basis of reply, the official respondents have prayed for dismissal of the Original Application.
4(d). During the pendency of the present Original Application, the official respondents have filed MA No.90/2025 placing on record the order passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA No.1775/2023 in the case of Page 15 of 24 16 OA Nos.1161, 1162, 1163, 1164, 1165, 1166, 1167, 1168, 1169 & 1170 of 2023 and 72, 220 & 460 of 2024 Rashmi Yadav Vs. KVS & Others decided on 17.12.2024 and the judgment passed by the Hon'ble Supreme Court in the case of Shifana P. S. Vs. The State of Kerela and others in Civil Appeal No.4468/2013 dated 06.08.2024 (Annexure MA-2) and on that basis, it is the submission of the learned counsel for the respondents that the question raised in the present Original Application is already concluded by the aforesaid judgment and order.
5. We have heard both the learned counsels for the parties and perused the pleadings and documents available on record.
6. Shri P.J.Prasadrao, learned counsel for the applicant vehemently argued that the applicant qualifies the requisite educational qualification and, in fact, after scrutinizing the educational qualification certificates and mark-sheets, the name of the applicant finds place in the main list issued on 25.04.2023. However, the name of the applicant was excluded in the revised main panel list dated 05.07.2023 without assigning any reason. 6(a). On the basis of Educational Certificates/ Mark Sheets placed on record, it is contended that in all the three years BA, he has studied English as a Elective / Main subject and, therefore, there is no ground available with the respondents to exclude the Page 16 of 24 17 OA Nos.1161, 1162, 1163, 1164, 1165, 1166, 1167, 1168, 1169 & 1170 of 2023 and 72, 220 & 460 of 2024 name of the applicant.
6(b). During the course of the arguments, the learned counsel has relied on the order passed by the Hon'ble High Court of Bombay, Bench at Aurangabad in case of Nagesh Ajinath Shekade Vs. The Union of India and Another in Writ Petition No.3238/2019 decided on 12.02.2020.
6(c). Therefore, the application may be allowed by directing the respondents to grant promotion to the applicant on the post of TGT (English) with all consequential benefits.
7. On the other hand, Dr. V.S.Masurkar, learned counsel for the respondents vehemently argued that after submitting the representation dated 08.11.2023, the present Original Application is filed on 30.11.2023 within 22 days and without waiting for the decision of the limitation and, therefore, the present Original Application is premature and liable to be dismissed.
7(a). On merits, it is submitted that while issuing the main panel list, note No.1 specifically provides that "the above panel will be further subject to verification of educational qualification and eligibility year as per the Recruitment Rules". On the basis of reply, it is demonstrated that the applicant has not qualifying the Page 17 of 24 18 OA Nos.1161, 1162, 1163, 1164, 1165, 1166, 1167, 1168, 1169 & 1170 of 2023 and 72, 220 & 460 of 2024 requisite educational qualification prescribed under the rules. 7(b). It is further submitted that the Hon'ble Supreme Court in the case of Shifana P. S. (supra) specifically held that "equivalence of a qualification is not a matter that can be determined in the exercise of the power of judicial review. Whether a particular qualification should or should not be regarded as equivalent is a matter for the State, as the recruiting authority, to determine".
7(c). Relying on the aforesaid judgment of the Hon'ble Supreme Court, the Principal Bench of this Tribunal in the case of Rashmi Yadav (supra) dismissed the OA filed by the said applicant and, therefore, the present Original Application is liable to be dismissed.
8. In counter to the aforesaid argument, the learned counsel for the applicant vehemently argued that in the case of Shifana P. S. (supra), the question was with respect to a Graduation Degree in B.Sc (Polymer Chemistry) and B.Ed (Physical Science) and the question before the Principal Bench was in respect of Post Graduate Teacher (Chemistry). It is contended that in Science / Technical subjects, there are various streams / sub- branches and, therefore, on facts, this judgment is not applicable Page 18 of 24 19 OA Nos.1161, 1162, 1163, 1164, 1165, 1166, 1167, 1168, 1169 & 1170 of 2023 and 72, 220 & 460 of 2024 in the present set of facts as the post in question is TGT (English) which is a language.
9. After hearing the learned counsels for the parties and after perusal of the record, it is clear that in the present case, on 02.11.2022, notification was issued for filling up the posts of Principal, Vice Principal, Section Officers, Finance Officers, PGTs, TGTs and Headmaster through Limited Departmental Competitive Examination (for short 'LDCE'), 2022. The present case is related to post of TGT (English) for which educational qualification is prescribed as "Bachelor Degree on or before any particular crucial date of eligibility. The applicant should have studied English / Hindi / Sanskrit as an elective / main subject in all the years of graduation for the post of TGT (English / Hindi / Sanskrit) respectively.
10. Clause 7 of the aforesaid notification provides the tentative time schedule for online application for processing. 16.11.2022 was the last date for online submission of the application, whereas 23.11.2022 was the last date for verification by the Controlling Officer and submission to the CBSC and the date of LDCE examination was to be notified separately. Thereafter, the examination was held on 22.01.2023 which is clear from Admit Page 19 of 24 20 OA Nos.1161, 1162, 1163, 1164, 1165, 1166, 1167, 1168, 1169 & 1170 of 2023 and 72, 220 & 460 of 2024 Card issued to the applicant.
11. Thereafter, on 25.04.2024, main panel for the post of TGT in KVS was issued as per result received from the Recruiting Agency in which, the name of the applicant was included. Thereafter, revised panel dated 05.07.2023 (Annexure A-12) was issued in which the name of the applicant was excluded showing him ineligible. In the revised panel dated 05.07.2023 in the last Note No.1 mentioned as under :
"Note 1 : The above panel will be further subject to verification of Educational Qualification and Eligibility year as per Recruitment Rules."
12. Thereafter, the promotion order dated 06.11.2023 was issued against which representation dated 08.11.2023 was submitted by the applicant. Since the name of the applicant could not find place in revised panel dated 05.07.2023 and, therefore, his name was not included in the promotion order also.
13. From the records, it is also clear that while issuing main panel list dated 25.04.2024, there is no such note as mentioned in respect of document verification, which was mentioned in revised panel dated 05.07.2023. Meaning thereby, at the first time, the application and the documents of the applicant was Page 20 of 24 21 OA Nos.1161, 1162, 1163, 1164, 1165, 1166, 1167, 1168, 1169 & 1170 of 2023 and 72, 220 & 460 of 2024 verified as per the Advertisement Notification dated 02.11.2022 by Controlling Officer on 23.11.2023, and thereafter, documents was to be verified after 05.07.2023. Meaning thereby from November, 2022 till 05.07.2023, there was no verification of documents.
14. Under these circumstances, without verifying the documents further, exclusion of the names of the applicant holding him not to eligible without recording any reason is prima facie appears to be arbitrary and unreasonable. Although, while filing the reply, the official respondents have assigned the reasons taking into account the Educational Qualification of the applicant. But the fact remains that prima facie when there is no process of verifying the documents after November, 2022 till 05.07.2023, then what was the cause or occasion for the respondents to exclude the names of the applicant. This aspect has not been clarified by the respondents in their reply.
15. Further, through representations, applicant is stating that he possess the requisite Educational Qualification required under the rules, then certainly it was obligatory on the part of the respondents to consider the said prayer in all fairness. Page 21 of 24 22 OA Nos.1161, 1162, 1163, 1164,
1165, 1166, 1167, 1168, 1169 & 1170 of 2023 and 72, 220 & 460 of 2024
16. The judgment of the Hon'ble Supreme Court relied by the learned counsel for the respondents in the case of Shifana P.S. (supra), the Hon'ble Apex Court in paragraph Nos.14 and 15 has observed as under :
"14. This Court in the case of Zahoor Ahmad Rather and others v. Sheikh Imtiyaz Ahmad and others, (2019) 2 SCC 404 held that judicial review can neither expand the ambit of the prescribed qualifications nor decide the equivalence of the prescribed qualification with any other given qualification. Therefore, the equivalence of a qualification is not a matter that can be determined in the exercise of the power of judicial review. Whether a particular qualification should or should not be regarded as equivalent is a matter for the State, as the recruiting authority, to determine.
15. In Unnikrishnan CV and others v. Union of India and others, 2023 SCC Online SC 343, a three Judge Bench of this Court, while relying upon the earlier judgment in the case of Guru Nanak Dev University v. Sanjay Kumar Katwal and Another, (2009) 1 SCC 610 held that equivalence is a technical academic matter, it cannot be implied or assumed. Any decision of the academic body of the University relating to equivalence should be by specific order or resolution, duly published."
17. From the case of Zahoor Ahmad Rather (supra) of the Hon'ble Supreme Court, it is clear that "it is the domain of the State as a Recruiting Authority to determine whether a particular qualification should or should not be regarded as equivalent or not".
Page 22 of 24 23 OA Nos.1161, 1162, 1163, 1164,
1165, 1166, 1167, 1168, 1169 & 1170 of 2023 and 72, 220 & 460 of 2024
18. Further, from the judgment of Unnikrishnan CV (supra) of the Hon'ble Supreme Court, it is clear that equivalence is a technical academic matter, it cannot be implied or assumed. Any decision of the academic body of the University relating to equivalence should be by specific order or resolution, duly published. However, in the present case, after 23.11.2022 till 05.07.2023, if no document verification was carried out then how in the revised list, applicant has been shown to be ineligible.
19. Since, in the present case, the aforesaid aspect of document verification after November, 2022 till 05.07.2023 is not clear and, therefore, the respondent No.2 is directed to consider the representation of the applicant keeping in view the observations of the Hon'ble Supreme Court in the case of Shifana P.S. (supra), Zahoor Ahmad Rather (supra) and Unnikrishnan CV (supra) and pass appropriate, reasoned and speaking order in accordance with law within a period of 90 days from the date of receipt of a certified copy of this order and communicate the same to the applicant within two weeks thereafter.
Page 23 of 24 24 OA Nos.1161, 1162, 1163, 1164,
1165, 1166, 1167, 1168, 1169 & 1170 of 2023 and 72, 220 & 460 of 2024
20. With the aforesaid observations, the Original Applications are disposed of to the extent indicated above. No order as to costs.
21. The observations and directions issued in the OA No.1161/2023 shall mutatis mutandis applied in all the connected cases.
22. Pending MAs, if any, also stand disposed of.
(UMESH GAJANKUSH) (SHRI KRISHNA)
MEMBER (J) MEMBER (A)
Digitally signed by Khushboo Mittal Gupta
DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Khushboo Mittal Gupta Maharashtra, SERIALNUMBER=870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.04.04 17:11:09+05'30' Foxit PDF Reader Version: 12.1.2 kmg* Page 24 of 24