Central Administrative Tribunal - Delhi
Naveen Kumar vs M/O Human Resource Development on 8 March, 2018
Central Administrative Tribunal
Principal Bench
OA No.1047/2016
MA No.1036/2016
MA No.2848/2016
MA No.2997/2016
MA No.3024/2016
MA No.1305/2017
MA No.1306/2017
Order Reserved on: 15.01.2018
Pronounced on:08.03.2018.
Hon'ble Mr. Justice Permod Kohli, Chairman
Hon'ble Mr. K.N. Shrivastava, Member (A)
Naveen Kumar, S/o Sh. Baikunth Pandey,
R/o Rajendra Lane,
North T.P. Singh Boundary,
P.O. Bihar, Vetnary College,
Sheikhpura,
Patna-800014, Bihar.
-Applicant
(Applicant in person)
-Versus-
1. Union of India through the Secretary,
Ministry of HRD, Department of Education
and Literacy,
Government of India,
New Delhi.
2. Navodaya Vidyalaya Samiti through
Its Commissioner,
B-15, Sector-62,
Institutional Area,
G.B. Nagar,
Noida (UP) Pin Code-201307.
3. The Commissioner,
Navodaya Vidyalaya Samiti
B-15, Sector-62,
Institutional Area,
G.B. Nagar,
2
OA No.1047/2016
MA No.1036/2016
MA No.2848/2016
MA No.2997/2016
MA No.3024/2016
MA No.1305/2017
MA No.1306/2017
Noida (UP) Pin Code-201307.
4. The Deputy Commissioner,
Navodaya Vidyalaya Samiti,
Regional Office,
Boring Road,
(Opp. A.N. College),
Patna (Bihar).
(By Advocate Shri S. Rajappa)
ORDER
Mr. K.N. Shrivastava, Member (A):
This OA has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, praying for the following reliefs:
"8 (i) To direct the respondents specially Respondent No.2 and 3 to publish the result of rest 86 vacancy of Post Graduate Teacher (Computer Science) in pursuance to the advertisement published in employment news dated 27.12.2008-02.01.2009.
8 (ii) Also to direct the Respondent No.2 and 3 to publish the merit list of all the candidates appeared in the interview conducted by Navodaya Vidyalaya Samiti for appointment to the post of Post Graduate Teacher (Computer Science) in pursuance to the advertisement published in employment news dated 27.12.2008-02.01.2009.
8 (iii)Also to direct the respondents to publish the waiting list also so that due to non-joining of the candidates rest of the candidates could be filled up from the vacancies of waiting list.
8 (iv) Also to issue any other order/orders as this Hon'ble Court may deem fit and proper under the circumstances of the case.
8 (v) That your Lordships may graciously be pleased to direct/command the respondents to make proper evaluation 3 OA No.1047/2016 MA No.1036/2016 MA No.2848/2016 MA No.2997/2016 MA No.3024/2016 MA No.1305/2017 MA No.1306/2017 of paper 3 of PGT (Computer Science) of applicant conducted by N.V.S. as per the Model Answer supplied by Exam. Conducting Agency as evident from page 37, Annexure-A/1 of O.A. No.931/2012 (Annexure-A-1 Series, page number 59 to this application) and publish the result of applicant accordingly and after coming in the merit list he should be appointed with all consequential benefits.
8 (vi) That the respondents further be directed to produce the record relating with the marks of interview of applicant and place the applicant in the merit list for appointment on the post in question."
2. The factual matrix of the case is as under:
2.1 The Navodaya Vidyalaya Samiti (NVS)-respondent organization published an advertisement in Employment News dated 27.12.2008 to 02.01.2009, inviting applications for filling up posts of Post Graduate Teacher (PGT) (Computer Science) in the pre-revised scale of Rs.6500-10500 (revised pay scale PB-2 Rs.9300-34800+grade pay Rs.4800). The essential and desirable qualifications prescribed were:
"a) At least 50% marks in aggregate in any of the following:
'A' level from DOEACCC and Post Graduate Degree in any subject.
OR BE or B. Tech (Computer Science/IT) from a recognized University or an equivalent.
Degree or Diploma from an Institution/University recognized by the Govt. of India.
OR BE or B. Tech (Any stream) and Post Graduate Diploma in Computers from any recognized University.4 OA No.1047/2016 MA No.1036/2016 MA No.2848/2016 MA No.2997/2016 MA No.3024/2016 MA No.1305/2017 MA No.1306/2017
OR M. Sc. (Computer Science)/MCA or equivalent and Post Graduate Degree in any subject from a recognized University.
OR Post Graduate Diploma in Computer and Post Graduate Degree in any subject from a recognized University.
(b) Knowledge of Multi Media & Web Technology, Computer Science & Informatics Practices.
DESIRABLE QUALIFICATIONS B. Ed. Degree from a recognized University."
2.2 It was stipulated in the employment notice that the mode of selection would comprise of written examination consisting of three papers - Paper-I, General Paper, objective type multiple choice questions on General Awareness, General Intelligence & Reasoning, Numerical Ability and Teaching Aptitude, Paper-II, (Language Proficiency) Hindi/English Language proficiency test and Paper-III, Subject Paper, descriptive questions in the concerned subject. The marks allocated to Papers-I, II and III were 60, 40 and 80 respectively.
2.3 Applicant appeared in the written examination held on 09.08.2009 and thereafter he was called for interview. He participated in the interview on 11.01.2010 at Secunderabad, Andhra Pradesh.
5OA No.1047/2016 MA No.1036/2016 MA No.2848/2016 MA No.2997/2016 MA No.3024/2016 MA No.1305/2017 MA No.1306/2017 2.4 Apparently, on conclusion of the selection process, the respondent-NVS published a select list of 224 PGT (Computer Science). The grievance of the applicant is that for inexplicable reasons, the respondents have selected only 224 persons against the notified vacancies of 310. The applicant has contended that the last selected candidate Mr. Spikram in the general category has scored 116.50 marks. The applicant's contention is that if the remaining 86 vacancies are filled up from amongst candidates who have participated in the selection process, the applicant could get appointment in general category having secured 109 marks. Aggrieved by the inaction on the part of the respondents to fill up the remaining 86 vacancies, the applicant has filed the instant OA praying for the reliefs as indicated in para-1 supra. 2.5 It is further noted that the applicant has initially approached the Patna Bench of this Tribunal in OA-931/2012, praying for the same reliefs. The said OA was disposed of vide order dated 06.11.2015 on the ground of jurisdiction. The operative part of the Patna Bench order reads as under:
"8. We have looked at the advertisement issued on the website of NVS which mentions in para 5 of the General Instructions to the candidates that "Any dispute with regard to this recruitment will be subject to the Court having its jurisdiction in Delhi only."
Normally the advertisements highlight the issue of jurisdiction in a separate heading in bold. In this case, it is hidden in a long list of General Instructions, and one would usually miss it unless the attention is pointedly drawn towards it. However, in view of this 6 OA No.1047/2016 MA No.1036/2016 MA No.2848/2016 MA No.2997/2016 MA No.3024/2016 MA No.1305/2017 MA No.1306/2017 declaration in the advertisement we have no option but to accept that the Tribunal's Patna Bench has no jurisdiction over the matter. The fact that the respondents did not raise this point as a preliminary objection or that the Tribunal failed to notice this conditionally, cannot confer upon us the power to proceed with the matter. Therefore, even though many documents have been brought on record, including some at our direction, we refrain from making any observations on the merit of the case.
9. In the result, the OA is dismissed on the ground that this Bench of the Tribunal has no jurisdiction over the matter, with liberty to the applicant to approach appropriate forum, if so desires. Since the delay in the Tribunal is not on account of the applicant's fault, we believe that the appropriate forum will consider the period of pendency in the Tribunal sympathetically while deciding the issue of limitation."
2.6 Availing the liberty granted by the Patna Bench, the applicant has filed the instant OA.
3. In support of the reliefs claimed, the applicant has pleaded the following grounds:
3.1 The marking of answer-sheets of Paper-III of PGT (Computer Science) of the applicant was not done as per the model answer supplied by the examination conducting agency.
3.2 The action of the respondents of not publishing the result in respect of all the 310 notified vacancies is illegal, arbitrary and bad in law.
3.3 The respondents have declared the results in respect of only 224 posts of PGT (Computer Science) and have not published any 7 OA No.1047/2016 MA No.1036/2016 MA No.2848/2016 MA No.2997/2016 MA No.3024/2016 MA No.1305/2017 MA No.1306/2017 waiting list which has caused prejudice to the applicant as well as other similarly situated candidates.
3.4 Although the examination was conducted for 310 vacancies for the post of PGT (Computer Science) but due to mala fide intention and ulterior motive the result of only 224 posts was published.
4. Pursuant to the notices issued, the respondents entered appearance and filed their reply, in which they have made the following important averments:
4.1 In the advertisement published in Employment News dated 27.12.2008 to 02.01.2009, the NVS did not mention the number of vacancies to be filled. However, 224 candidates were selected for issuing offer of appointment, taking into consideration the availability of vacancies in the academic year 2009-10. The applicant's contention that there were 310 vacancies is misleading and his demand for publishing a select list for the remaining 86 vacancies is misleading and is not based on facts. 4.2 There were 224 vacancies available for which a select list of 224 candidates was prepared and exhibited on the NVS website. However, in response to the applicant's RTI application dated 30.09.2012, he was provided with the entire list of 663 candidates who had ultimately participated in the selection process. 8 OA No.1047/2016 MA No.1036/2016 MA No.2848/2016 MA No.2997/2016 MA No.3024/2016 MA No.1305/2017 MA No.1306/2017 4.3 Since some of the selected candidates did not join, second and third lists of selected candidates were issued comprising of 38 and 17 persons respectively. The applicant's allegation that his answer- sheet in the descriptive paper (Paper-III) was not evaluated properly is absolutely baseless. The examination was conducted by a reputed organization, i.e. University Institute of Applied Management Science (UIAMS) of Panjab University, who had expertise in the field. The applicant's descriptive paper was correctly evaluated and he was awarded 42 marks out of 80.
5. Arguments of the applicant as party in person and Shri S. Rajappa, learned counsel for the respondents were heard on 15.01.2018.
6. We have perused the contents of the advertisement inviting applications from eligible candidates for the post of PGT (Computer Science) which was published in the Employment News dated 27.12.2008-02.01.2009. It is quite clear from it that the respondent-organization (NVS) had not indicated the number of vacancies for the post of PGT (Computer Science) in it. The respondents, however, in their reply have categorically stated that 224 vacancies were available for the academic year 2009-10 and accordingly a select list of 224 candidates was published. They 9 OA No.1047/2016 MA No.1036/2016 MA No.2848/2016 MA No.2997/2016 MA No.3024/2016 MA No.1305/2017 MA No.1306/2017 have further stated that since several candidates in the select list of 224 candidates did not join, the respondents published 2nd and 3rd lists comprising of 38 and 17 candidates respectively. The applicant apparently has misconstrued the number of vacancies by blindly believing the figures mentioned in para-c of "Handing- Taking over of material pertaining to recruitment of PGT (Computer Science) 2009 of UIAMS" (page 59 of the paper-book). For better appreciation, para-c is reproduced below:
"One sealed bag containing answer sheets as mentioned in NVS (HQ) letter No.8-12/09-NVS (Legal) dated 15.07.2010 at para-b i.e.
- General category Top 1 to 150 rank holders.
- OBC category Top 1 to 85 rank holders.
- SC category Top 1 to 50 rank holders.
- ST category Top 1 to 25 rank holders.
- Answer sheets of 100 candidates bearing Roll No.1246102401 to 1246102500.
- Attendance sheet of all the candidates who appeared for written test,"
7. It is quite clear from the above that the applicant has assumed that 150 vacancies were meant for general category, 85 for OBC, 50 for SC and 25 for ST category; totalling to 310 vacancies. The document relied upon by the applicant certainly does not give any such impression as to the number of vacancies intended to be filled up category-wise. The advertisement inviting applications (pages 99 to 103) prescribes essential qualifications, age relaxation, mode of selection, etc. but not the number of vacancies.10 OA No.1047/2016 MA No.1036/2016 MA No.2848/2016 MA No.2997/2016 MA No.3024/2016 MA No.1305/2017 MA No.1306/2017
8. The Scheme of the Examination envisaged that only those candidates will be allowed to write Paper-III (Subject Paper) who have cleared Paper-I, General Paper, objective type multiple choice questions on General Awareness, General Intelligence & Reasoning, Numerical Ability and Teaching Aptitude, Paper-II, (Language Proficiency) Hindi/English Language proficiency test. The merit list, however, was to be prepared by combining the marks scored in all the three papers.
9. It is not in dispute that the applicant who belongs to general category had secured 109 marks whereas the last selected candidate in that category Mr. Spikram has scored 116.50 marks.
Hence, non-selection of the applicant cannot be faulted upon.
10. In the conspectus of the discussions in the foregoing paras, we are fully convinced that there were only 244 vacancies for the post of PGT (Computer Science) in NVS for the academic year 2009-10 and for which selection process was conducted in a transparent manner and candidates have been selected only on merit under different categories. Since some selected candidates in the original select list did not join, the respondents have issued two additional select lists comprising of 38 and 17 candidates respectively. We are of the view that the action of the respondents is completely 11 OA No.1047/2016 MA No.1036/2016 MA No.2848/2016 MA No.2997/2016 MA No.3024/2016 MA No.1305/2017 MA No.1306/2017 unimpeachable. We do not find any merit in this OA. Accordingly, the OA is dismissed.
11. Consequently, all the MAs also stand disposed of.
12. There shall be no order as to costs.
(K.N. Shrivastava) (Justice Permod Kohli) Member (A) Chairman 'San.'