Central Administrative Tribunal - Delhi
Sakshi Kathpal vs Govt. Of Nctd on 30 April, 2024
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Item No.75/ C-4 OA No. 4055/2018
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH: NEW DELHI
O.A. No. 4055/2018
This is the 30th Day of April, 2024
Hon'ble Mr. Manish Garg, Member (J)
Hon'ble Dr. Chhabilendra Roul, Member (A)
1. Sakshi Kathpal
Aged about 21 years,
D/o Sanjay Kathpal
R/o 292, Shalimar Village, New Delhi
Mob. No. 9711142048, 7834866837
Post: Teacher (Primary) MCD
Post Code: 16/17
Group - B
2. Sushank Singh Raghav
Aged about 22 years,
S/o Vijay Singh Raghav
R/o Village- Bera, Tehsil Mant
Thana- Jurir, Post Jarara, District
Mathura-281205
Mob. No. 8076007086, 7827472734
Post: Teacher (Primary) MCD
Post Code: 16/17
Group - B
3. Divya Bhati
Aged about 23 years,
D/o Satpal Singh Bhati
R/o RZ-U-63 B New Roshan Pura,
Near MCD School, Najafgarh,
New Delhi-110043
Mob. No. 7827472734, 9990814981, 8512002929
Post: Teacher (Primary) MCD
Post Code: 16/17
Group - B
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Item No.75/ C-4 OA No. 4055/2018
4. Gauri Potela
Aged about 24 years,
D/o Chanchal Singh Potela
R/o B1-67/F-2, DLF Dilshad Ext-2, Sahibabad
Ghaziabad, Uttar Pradesh-201005
Mob. No. 9990603277
Post: Teacher (Primary) MCD
Post Code: 16/17
Group - B
5. Ankita Mandal
Aged about 24 years,
D/o Gayanath Mandal
R/o E-176, (Aastha Kunj Appts.)
Sector-18, Rohini, Delhi
Mob. No. 8130232858, 9811395652
Post: Teacher (Primary) MCD
Post Code: 16/17
Group-B
6. Shivani
Aged about 21 years,
D/o Charan Singh
R/o B-6/409, Nand Nagri, Delhi-110093
Mob. No. 9968268206, 9968268205
Post: Teacher (Primary) MCD
Post Code: 16/17
Group - B
7. Dinesh Mehra
Aged about 40 years,
S/o Dhani Ram
R/o H. No. 343, VPO Majra Dabas,
Delhi-110081
Mob. No. 9868674032
Post: Teacher (Primary) MCD
Post Code: 16/17
Group - B
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Item No.75/ C-4 OA No. 4055/2018
8. Veena
Aged about 23 years,
D/o Din Dayal
R/o 12/A-70, Trilok Puri, Delhi-110091
Mob. No. 8285451032
Post: Teacher (Primary) MCD
Post Code: 16/17
Group - B
9. Shivani Jindal
Aged about 20 years,
D/o Meenu Kumar Jindal
R/o F-1/196, 1st Floor, Sector-16,
Rohini, Delhi-110089
Mob. No. 9971050803, 9821647249
Post: Teacher (Primary) MCD
Post Code: 16/17
Group - B
10. Pinki
Aged about 20 years,
D/o Sanjay
R/o D-157, Harswaroop Colony,
Fatehpur Beri, New Delhi-110074
Mob. No. 9643449636
Post: Teacher (Primary) MCD
Post Code: 16/17
Group-B
11. Md. Murtuj
Aged about 22 years,
S/o Md. Muslim
R/o A-3, Ram Dutt Enclave, U
ttam Nagar, New Delhi-110059
Mob. No. 8750412077
Post. Teacher (Primary) MCD
Post Code: 16/17
Group - B
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Item No.75/ C-4 OA No. 4055/2018
12. Neetu Rajput
Aged about 24 years,
D/o Anirudh Singh
R/o C-65, Gali No.4, Om Nagar, Meethapur,
Badarpur, New Delhi-110044
Mob. No. 8130903249
Post. Teacher (Primary) MCD
Post Code: 16/17
Group - B
13. Ravi Dabas
Aged about 22 years,
S/o Rajesh Kumar
R/o H. No. 118, VPO Ladpur, Delhi-110081
Mob. No. 7042769407
Post Teacher (Primary) MCD
Post Code. 16/17
Group - B
14. Monika Shokeen
Aged about 22 years,
D/o Lat Om Prakash
R/o D-593, 3rd Floor, Near Mahadev Chowk,
Avantika, Sector-1,
Rohini, Delhi-110085 Mob. No 9810267322
Post Teacher (Primary) MCD
Post Code: 16/17
Group-B
15. Lokesh Singh
Aged about 28 years,
S/o Om Prakash
R/o H-11/2-B, Gali No.21,
Jai Prakash Nagar, Ghonda,
Delhi-110053
Mob. No. 9910319198, 9810719733
Post Teacher (Primary) MCD
Post Code: 16/17
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Item No.75/ C-4 OA No. 4055/2018
Group - B
16. Yuktika
Aged about 20 years,
D/o Radhey Shyam
R/o B-17, Gali No.2, Harswaroop Colony,
Fatehpur Beri, New Delhi-110074
Mob. No. 9958296989
Post: Teacher (Primary) MCD
Post Code: 16/17
Group-B
17. Aastha
Aged about 20 years,
D/o Daya Shanker
R/o D-9, FF-3, Sadbhavana Appartment,
Chhatarpur Extension,
New Delhi-110074
Mob. No. 8527930752, 9013073382
Post: Teacher (Primary) MCD
Post Code: 16/17
Group-B
...Applicants
(By Advocate : Mr. Anuj Agarwal with Mr. Shubham)
Versus
1. Govt. of NCT of Delhi
Through its Chief Secretary,
Delhi Secretariat, I.P Estate,
New Delhi-110002
2. Delhi Subordinate Services Selection Board
(DSSSB),
Through its Chairman
Govt. of NCT of Delhi, FC-18,
Institutional Area, Karkardooma,
Delhi-110092
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Item No.75/ C-4 OA No. 4055/2018
3. North Delhi Municipal Corporation (NDMC)
Through its Commissioner
Dr. SPM Civil Centre,
J.L. Nehru Marg,
New Delhi-110002
4. South Delhi Municipal Corporation (SDMC)
Through its Commissioner 23rd Floor,
Civic Centre, Minto Road,
New Delhi-110002
5. East Delhi Municipal Corporation (EDMC),
Through its Commissioner 419, Udyog Sadan,
Patparganj Industrial Area,
New Delhi-110096
6. Central Board of Secondary Education (CBSE)
Through its Chairman Shiksha Kendra,
2, Community Centre, Preet Vihar,
Delhi-110092
...Respondents
(By Advocate: Mr. Girish.C. Jha)
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Item No.75/ C-4 OA No. 4055/2018
ORDER (ORAL)
By Hon'ble Mr. Manish Garg, Member (J):-
The instant OA has been filed by the applicants under Section 19 of the Administrative Tribunals Act 1985, seeking the following relief(s):-
"(i) Declare that the impugned action on the part of the respondents in not relaxing the Central Teacher Eligibility Test (CTET) qualification for appointment on the post of Teacher (Primary) in MCD (Old Post Code 16/17; New Post Code 1/18) notified vide Advertisement No. 02/2017 dated 07.08.2017 (superseded by Advertisement No. 01/18 dated 26.06.2018) by the Delhi Subordinate Services Selection Board (DSSSB) in case of the applicants, is illegal as well as unjustified;
(ii) direct the respondents to consider, and grant, relaxation in the Central Teacher Eligibility Test (CTET) qualification for appointment on the post of Teacher (Primary) in MCD (Old Post Code 16/17;
New Post Code 1/18) notified vide Advertisement No. 02/2017 dated 07.08.2017 (superseded by Advertisement No. 01/18 dated 26.06.2018) by the Delhi Subordinate Services Selection Board (DSSSB) in case of the applicants.
(iii) direct the respondents to consider the candidature of the applicants for appointment on the aforesaid posts treating the applicants to be qualified for the aforesaid posts;
(iv) allow the present Application with costs, in favour of the applicants;
(v) issue any other appropriate order or direction as this Hon'ble Tribunal may deem fit and proper in the interest of justice and in the favour of the applicants;"
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Item No.75/ C-4 OA No. 4055/2018
2. The brief facts of the case are that vide Advertisement No. 02/2017 dated 07.08.2017, the Delhi Subordinate Services Selection Board (DSSSB) invited applications for appointment, inter alia, to the post of Teacher (Primary), MCD. The applicants have duly applied online form on the DSSSB's website for the post of Teacher (Primary), MCD (Post Code 16/17). It is submitted that the forms submitted by the applicants online at the Delhi Subordinate Services Selection Board (DSSSB)'s website has been duly accepted by the Delhi Subordinate Services Selection Board (DSSSB). Vide Advertisement No. 01/18 dated 26.06.2018, the Delhi Subordinate Services Selection Board (DSSSB) superseded the previous Advertisement No. 02/17 with respect to the post of Teacher (Primary) in MCD (Post Code 16/17). It is submitted that in the aforesaid Advertisement No. 01/18, new Post Code i.e. Post Code 01/18 was assigned to the post of Teacher (Primary) in MCD. That the applicants in the present case are those who have already applied online form for the post of Primary Teacher (Post Code 16/17) which was advertised vide Advertisement No. 02/17. The applicants, therefore, in terms of the new Advertisement No. 01/18 are not requirement to 9 Item No.75/ C-4 OA No. 4055/2018 apply again for the same post i.e. Post of Teacher Primary (Post Code 01/18).
2.1 Learned counsel for applicants submits that the applicants were expecting that the respondents will take a favourable view regarding granting relaxation of passing CTET. However, they did not get any such relaxation. Subsequently, the applicants sent a legal notice dated 28.08.2018 to which the respondents did not respond. Being aggrieved, they have filed the present OA seeking the aforementioned reliefs.
2.3 Learned counsel for the applicant reiterated the grounds taken in the OA. He referred to Section 23(2) of the Right of Children to Free Compulsory Education Act, 2009 which reads as under:-
"23 (2) Where a State does not have adequate institutions offering courses or training in teacher education, or teachers possessing minimum qualifications as laid down under sub-section (1) are not available in sufficient numbers, the Central Government may, if it deem necessary, by notification, relax the minimum qualifications required for appointment as a teacher, for such period, not exceeding five years, as may be specified in that notification:
Provided that a teacher who, at the commencement of this Act, does not possess minimum qualifications as laid down under sub-section (1), shall acquire such minimum qualifications within a period of five years."10
Item No.75/ C-4 OA No. 4055/2018 2.4 Learned counsel for applicants further refers to the
judgment of Delhi High Court in W.P.(C) No. 189/2016 in Neelam Vs. Govt. of NCT of Delhi, decided on 11.01.2016 wherein the Hon'ble High Court in a similar case has directed the respondents to consider the request of the petitioners thereof to relax the condition of passing CTET test. In view of this, he pleads for granting the relief sought by the applicants in the present OA.
3. Per contra, learned counsel for respondents states that the relief sought in the present matter had been dealt with in OA No. 300/2018 and the batch matters decided on 14.03.2019, wherein, the advertisement impugned herein was in question. The issue pertains to qualification prescribed for the post which stipulated one of the conditions of having (Central Teacher Eligibility Test) CTET conducted by Central Board of Secondary Education (CBSE). He would highlight that the issued was dealt in great detail. The said matter was taken in appeal by the applicants therein before the Hon'ble Delhi High Court in the W.P.(C) No. 3621/2019 which has also been dismissed vide Order dated 10.04.2019. The extract of which are reads as under:-
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Item No.75/ C-4 OA No. 4055/2018 "The petitioners assail the order dated 14.03.2019 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA No.300/2018 & connected matters, wherein the petitioners had impugned the Advertisement No. 04/17 dated 20 12 2017 issued by the respondents on the ground that it did not grant one time relaxation to the candidates for appointment to the post of Assistant Teacher (Primary) (Post Code No.89/17) from the requirement of having the Central Teacher Eligibility Test (CTET) qualification. The respondents while inviting applications for the post of Assistant Teacher (Primary) (Post Code No.89/17) had prescribed as a mandatory/essential qualification that the candidates should have cleared the CTET Examination. The plea of the petitioners before the Tribunal was that the Central Board of Secondary Education (CBSE) which is mandated to hold the CTET examination had not conducted the same for two years because of which the applicants/petitioners could not clear the said test before the cut off date.
This Court has dealt with the said issue in several cases including Annu & Ors. vs. Govt. of NCT of Delhi & Ors., W. P.(C) No.11328/2017, Mr.Puran Singh Rana & Ors. vs. Govt. of NCT of Delhi & Ors., W.P. (C) No.13802/2018, Mayank vs. Govt. of NCT of Delhi & Ors., W.P.(C) No.463/2019 and Govt. of NCT of Delhi & Ors. vs. Manisha Singh & Ors., W.P.(C) No.1882/2019. Submissions similar to those advanced by the petitioners were considered and rejected in those cases.
We do not find any merit in the present petition and the same is dismissed."
4. We have heard the learned counsels for the parties carefully and perused the records of the case thoroughly. 12
Item No.75/ C-4 OA No. 4055/2018
4.1 It is not in dispute that the facts and circumstances
of the present case is identical to the aforesaid OA No. 300/2018 and batch matters.
4.2. In view of the above, we are bound by the observations made by the Hon'ble High Court in aforesaid W.P.(C) No. 3621/2019. Accordingly the present OA is dismissed. No order as to costs.
(Dr. Chhabilendra Roul) (Manish Garg)
Member (A) Member (J)
/daya/