Central Administrative Tribunal - Jabalpur
Neha Sharma Nee Bajpai vs M/O Human Resource Development on 3 January, 2020
Sub:- selection 1 OA 200/00759/2014
Reserved
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR
Original Application No.200/00759/2014
Jabalpur, this Friday, the 3rd day of January, 2020
HON'BLE SHRI NAVIN TANDON, ADMINISTRATIVE MEMBER
HON'BLE SHRI RAMESH SINGH THAKUR, JUDICIAL MEMBER
Neha Sharma, nee Bajpai W/o Dr. Shrikant Sharma,
Aged about 39 years, Chadraprabha Nagar,
Tagore Ward, Seoni (MP), Pin 480661 -Applicant
(By Advocate -Shri Vijay Tripathi)
Versus
1.Union of India, through Secretary,
(Human Resource and Development), Government of India,
Ministry of Human Resource Development,
Shastri Bhawan, New Delhi, Pin Code-110001
2. Kendriya Vidyalaya Sangathan (HQ)
Through: Commissioner, Kendriya Vidyalaya Sangathan,
18 Institutional Area, Shaheed Jeet Singh Marg,
New Delhi, Pin code :110016
3. Additional Commissioner (Admn),
Kendriya Vidyalaya Sangathan,
18 Institutional Area, Shaheed Jeet Singh Marg,
New Delhi, Pin code :110016 -Respondents
(By Advocate -Smt. Sheetal Dubey proxy counsel for
Shri Pankaj Dubey)
(Date of reserving the order:-08.05.2019)
ORDER
By Ramesh Singh Thakur, JM:-
This Original Application has been filed against the order dated 25.08.2014 passed by respondent No.3.Page 1 of 12
Sub:- selection 2 OA 200/00759/2014
2. The applicant has sought for the following interim relief in this Original Application:-
"8. Relief Sought:-
(i) To set aside notice dated 25.08.2014 having no applicability in the case of the present applicant.
(ii) To hold that the present applicant is eligible for appointment to the post code No.51 i.e. Primary Teacher.
(iii) To direct respondents to declare marks secured by present applicant in interview with further direction to appoint present applicant to the post of Primary Teacher in Kendriya Vidyalaya.
(iv) To grant any other relief which this Hon'ble Tribunal deems fit in the facts and circumstances of the case."
3. The brief facts of the case are that the applicant appeared for Central Teacher Eligibility Test, 2011 in accordance with the rules framed by Central Board of Secondary Education, New Delhi. KVS published advertisement no. 07 pertaining to recruitment for teaching and miscellaneous teaching post for the years 2012-2013 and 2013-14. According to the advertisement the on-line registration were to commence from 29.07.2013 upto 28.08.2013. Applicant applied for the same.
4. Applicant was issued admit card by KVS for appearance in the written test which was held on 16.12.2013. Applicant was issued interview call letter dated 08.04.2014. Vide notice dated 29.04.2014, the candidates having professional qualification of B.Ed and pass ETET paper I, were declared non-eligible for the Page 2 of 12 Sub:- selection 3 OA 200/00759/2014 post code no. 51, as the professional qualification meant for the relevant post was B.EI.Ed or Diploma in Elementary Education two years.
5. Applicant being aggrieved by action of respondent No.3 preferred O.A. No. 1587/2014 before Central Administrative Tribunal, Principal Bench, New Delhi and the matter came up for consideration on 08.05.2014 whereby the present applicant was permitted to appear in the interview subject to final outcome of the case. The said O.A. was disposed of as having become infructuous on the ground that the respondents themselves have issued a notice dated 08.05.2014 making all the B.Ed. qualified and who have passed CTET (Paper-I) persons eligible for appearing in the examination for the post in question. Respondent No.3 on 25.08.2014 issued another notice in supersession of earlier notice dated 29.04.2014 and 08.05.2014 wherein it was categorically mentioned that in the light of clarification received from NCTE, no candidate who has qualification of B.Ed and has passed CTET paper I shall be allowed to appear in the interview and all such candidates were declared not eligible.
6. Further in the light of notice dated 25.08.2014, the marks secured by present applicant in the interview have also not been Page 3 of 12 Sub:- selection 4 OA 200/00759/2014 disclosed on the website and the applicant is shown to be not eligible. Hence, the present Original Application.
7. The respondents have filed their reply to the Original Application. In the reply it is submitted that Kendriya Vidyalaya Sangathan ('KVS') is an autonomous organization registered under the societies registration Act, 1860 fully financed by the Govt. of India with an objective to cater to the educational needs of children of transferable central govt. employees including defense personal by providing common programme of education to develop Vidyalayas as model in the context of national and to initiate and promote experimentation in the field of education in collaboration with central Board of secondary education, National Council of Educational Research & Training and allied bodies to promote national integration. It runs a chain of Kendriya Vidyalaya approximately 1092 including three abroad five Zonal Institutes and twenty five Regional spread across the country. The Chairman of KVS is the Union Minister of Human Resource Development and vice-chairman is the Additional Secretary of the Dept. of School education and literacy Ministry of Human Resources Development Govt. of India. The KVS is headed by the commissioner. The policy decisions of KVS are taken by the board Page 4 of 12 Sub:- selection 5 OA 200/00759/2014 of Governors consisting of eminent educationists and administrators from all over the country.
8. The respondents further submitted that they invited online applications for recruitment of teaching and miscellaneous teaching posts for the year 2012-2013and 2013-2014 in the clarification menu of the portal hosted by the respondents for filing up the online submission of applications for the post of primary teacher, wherein it was mentioned that four year Bachelor of Elementary Education (B.EI.Ed) or two year Diploma in Elementary education.
9. The applicant applied for the post of Primary Teacher by filing in wrong information of her professional qualification of B.Ed. against the column meant for filing in the professional qualification of B.EI.Ed or D.Ed. Thus, her online application was accepted and she could secure admission for appearing in written examination. The application received from the applicant was to be verified by the respondents at the time of interview as indicated in the advertisement. The applicant was shortlisted for interview based on her performance in the written examination held on 16.12.2013.The candidates having professional qualification of B.Ed. were provisionally allowed to appear in interview subject to clarification from the National council for Teacher Education (NCTE). Vide letter dated 04.06.2014 it has been clarified that the Page 5 of 12 Sub:- selection 6 OA 200/00759/2014 candidates having graduation with 50%, 45% of marks and B.Ed cannot be considered eligible for appointment as teachers for classes I to V beyond 01.01.2012. Accordingly, the respondents informed all such candidates having professional of B.Ed. flashing a notice dated 25.08.2014 in their website that these candidates are not eligible for appointment. The said notice was in supersession of the previous notices dated 29.04.2014 and 08.05.2014. Copy of communication dated 04.06.2014 is annexed as Annexure R-1.
10. It has been further submitted by the respondents that the CTET certificate was issued by the central Board of secondary Education (CBSE). The validity of CTET certificate was not decided by the respondents. As such, the respondent have nothing to do with the validity of the CTET certificate issued by central Board of secondary Education (CBSE). It is further submitted by the respondents that Central Teacher Eligibility was conducted by the Central Board of Secondary Education (CBSE) as per the guidelines issued by the national council for Teacher Education (NCTE). The respondents not concerned with the CTET conducted by any other organization like central Board of Secondary Education (CBSE). It is submitted that the applicant is not entitled for any relief sought for by her. She has acquired the professional qualification of B.Ed and has filed in wrong information against Page 6 of 12 Sub:- selection 7 OA 200/00759/2014 the column meant for Bachelor in Elementary (B.EI.Ed.) or Diploma in Elementary Education. Further the candidates having professional qualification for B.Ed have been declared ineligible on the basis of clarification received from NCTE. In view of the above, the O.A. is being devoid of any merits and substance.
11. Heard both the parties, and perused the records and the pleadings available on file.
12. From pleadings it is not disputed that applicant had applied for online application for recruitment to the post of teaching and miscellaneous teaching post for the years 2012-2013 and 2013-14. The on-line registrations were to commence from 29.07.2013 upto 28.08.2013 and the applicant applied for the same. It is also admitted fact that the applicant was issued admit card by KVS for appearance in the written test which was held on 16.12.2013. Applicant was issued interview call letter dated 08.04.2014. It is also admitted fact that the applicant had applied for the post of primary teacher.
13. The contention of the applicant is that the applicant had appeared in the central teaching eligibility test 2011 in accordance with the rules framed by Central Board of Secondary Education, New Delhi and the applicant is fully eligible for the post of Primary Teacher.
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14. On the other hand, the contention of the respondents are that KVS is an autonomous organization registered under the societies registration Act 1860 and the objective is to cater to the educational needs of children of transferable central govt. employees including defense personal by providing common programme of education to develop Vidyalayas as model in the context of national and to initiate and promote experimentation in the field of education in collaboration with central Board of secondary education, National Council of Educational Research & Training and allied bodies to promote national integration. The Chairman of KVS is the Union Minister of Human Resource Development and vice-chairman is the Additional Secretary of the Dept. of School education and literacy Ministry of Human Resources Development Govt. of India. The KVS is headed by the commissioner. The policy decisions of KVS are taken by the board of Governors consisting of eminent educationists and administrators from all over the country.
15. It is specifically argued by the counsel for the respondents that for recruitment of teaching and miscellaneous teaching posts for the year 2012-2013 and 2013-2014 four year Bachelor of Elementary Education (B.EI.Ed) or two year Diploma in Elementary education is a necessary qualification. As the applicant Page 8 of 12 Sub:- selection 9 OA 200/00759/2014 applied for the post of Primary Teacher by filing in wrong information of her professional qualification of B.Ed. against the column meant for filing in the professional qualification of B.EI.Ed or D.Ed. Thus, her online application was accepted and she could secure admission for appearing in written examination. The application received from the applicant was to be verified by the respondents at the time of interview as indicated in the advertisement. The applicant was shortlisted for interview based on her performance in the written examination held on 16.12.2013. The candidates having professional qualification of B.Ed. were provisionally allowed to appear in interview subject to clarification from the National council for Teacher Education (NCTE). Vide letter dated 04.06.2014 it has been clarified that the candidates having graduation with 50%, 45% of marks and B.Ed cannot be considered eligible for appointment as teachers for classes I to V beyond 01.01.2012. Accordingly, the respondents informed all such candidates having professional of B.Ed. flashing a notice dated 25.08.2014 in their website that these candidates are not eligible for appointment. The said notice was in supersession of the previous notices dated 29.04.2014 and 08.05.2014. Copy of communication dated 04.06.2014 is annexed as Annexure R-1. Page 9 of 12
Sub:- selection 10 OA 200/00759/2014
16. The main question for determination is that whether at the relevant time the applicant was eligible for the post of primary teacher. IT is also admitted fact from the pleadings and also from the reply of the respondents that the applicant allowed to appear in the written examination and had qualified the written examination, the applicant was further called for interview. As per Annexure A-2 the eligibility criteria for primary teacher was indicated in the following manner:
"Essential-(i) Senior Secondary School Certificate with 50% marks or intermediate with 50% marks or its equivalent
(ii) Pass in the CTET conducted by the CBSE in accordance with the guidelines framed by the NCTE for the purpose.
(iii) Competence to teach through Hindi and English media.
Desirable- Knowledge of computer application. 4.5 That, the advertisement also contained general conditions out of which the most pertinent condition is reproduced hereinafter:-
"Only Central Teacher Eligibility Test pass candidates are eligible to apply for the posts of TGT (English/Hindi/Sanskrit/Maths/Science/Social Studies) and Primary Teacher."
17. It is also clear from the reply of the respondents that they sought clarification from National Council of Teachers Education (NCTE) which was received vide letter dated 04.06.2014 and it was clarified that the candidates having graduation with 50%, 45% of marks and B.Ed cannot be considered eligible for appointment as teachers for classes I to V beyond 01.01.2012. Accordingly, the Page 10 of 12 Sub:- selection 11 OA 200/00759/2014 respondents informed all such candidates having professional of B.Ed. flashing a notice dated 25.08.2014 in their website that these candidates are not eligible for appointment. It is also a fact that eligibility criteria for primary teacher was senior secondary school with 50% or intermediate with 50% marks or its equivalent and caste certificate in the CTET in accordance with guidelines framed by NCTE for the purpose which is clear as per Para 4.4 of the Original Application.
18. It is also admitted fact that the applicant has appeared in the CTET 2011 in accordance with the rules framed by the Central Board of Secondary Education, New Delhi. So it is crystal clear that at the relevant time of examination for the post of Primary Teacher, the applicant was fully eligible as per the rules prevalent at that time. The concept of in eligibility has come after receiving the clarification by the respondent department from national council for teachers education and such notification was received vide letter dated 04.06.2014. Admittedly this clarification is after the period when the applicant has already passed the relevant exam and according to which the applicant was eligible for primary teacher as per rules. The clarification has come on 04.06.2014 to the fact that the candidates having graduation with 50% and 45% of marks and B.Ed cannot be considered as teacher for class I to V Page 11 of 12 Sub:- selection 12 OA 200/00759/2014 beyond 01.01.2012. On this clarification also the applicant is fully eligible for the post of primary teacher as the applicant has passed the CTET certificate in the year 2011. So the defence taken by the respondent department is irrelevant and cannot be a ground for rejection of candidature of the applicant.
19. Resultantly, the Original Application is allowed. The impugned order dated 25.08.2014 (Annexure A-9) is quashed and set aside and the respondents are directed to consider the case o the applicant for the post of primary teacher within a period of 60 days from the date of receipt of a certified copy of this order. No costs.
(Ramesh Singh Thakur) (Navin Tandon)
Judicial Member Administrative Member
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