Central Administrative Tribunal - Delhi
Shri Roopesh Kumar Verma vs Govt. Of Nct Of Delhi Through on 23 March, 2010
Central Administrative Tribunal
Principal Bench
OA No. 3289/2006
New Delhi, this the 23rd day of March, 2010
Honble Mr. Shanker Raju, Member (J)
Honble Dr. Ramesh Chandra Panda, Member (A)
Shri Roopesh Kumar Verma,
S/o Shri Balmukund Verma,
Aged about 29 years,
R/o H.No.514 Khushipura
Jhansi (U.P.) 284001.
Applicant
(By Advocate: Shri A.K. Bhakta)
Versus
Govt. of NCT of Delhi Through
Principal Secretary,
Govt. of NCT of Delhi,
New Secretariat, I.P. Estate,
New Delhi.
The Secretary,
Deptt, of Education,
Govt. of NCT of Delhi,
New Secretariat, I.P. Estate,
New Delhi.
The Secretary,
Delhi Subordinate Service Selection Board,
FC-18, Institutional Area,
Karkardooma Delhi.
Additional Director of Education,
Govt. of NCT of Delhi (E-II),
Directorate of Education,
Old Secretariat Delhi.
Respondents
(By Advocate: Ms. Nasreen Alam for Ms. Jyoti Singh with Mrs. Sumedha Sharma)
: O R D E R:
Dr. Ramesh Chandra Panda, Member (A) By this Original Application, Shri Roopesh Kumar Verma has prayed for the following relief(s) :-
In view of above submission in para 4, 5 & 6 the applicant prays for the following relief :-
Call for the records of the case.
Set aside and quash the impugned order dated 27.10.09 passed by Respondent No.4 and respondents are directed to offer appointment letter for the post of PGT (Maths) to the applicant. Award exemplary cost of the proceedings.
Pass such further order or orders which this Honble Tribunal may deem fit and proper in the facts and circumstances of the present case.
2. We may briefly state here the facts of the case. The Delhi Subordinate Services Selection Board (DSSSB) vide its advertisement No.07/2007 (Annexure-A4) called for applications to fill up vacancies of PGT/TGT/Primary Teachers and the last date for submission of applications was 29.10.2007. The Applicant belonging to SC category applied for the SC reserved post of PGT (Mathematics) the post code being 125/07 and was issued the Admit Card with Roll NO.12510597 (Annexure-A5) for which the examination was held on 29.6.2008. Result of the said examination was published on 29.12.2008 (Annexure-A7) and the Applicant was at the Sl. No.1 in the SC Category for the post of PGT-(Maths)Male (Post Code-125/07). He was issued a Memorandum dated 27.3.2008 in which it was intimated that he had been nominated by the DSSSB for the appointment to the post of PGT Maths and he was directed to appear on 13.4.2009 in person in the office of the Directorate of Education along with the 2 attested passport size photographs and documents viz
(i) All Original Certificates/Mark Sheets/Degree pertaining to Educational Qualification and Date of Birth (along with two sets of attested copy) and
(ii) Original Certificates pertaining to casts i.e. SC/ST/OBC and PH category (along with one attested copy) He appeared on 13.4.2009 and gave an undertaking for submitting the documents within 28.4.2009. He submitted on 21.4.2009 all certificates except B.Ed Certificate which he submitted on 15.6.2009. Vide the Memorandum dated 2.9.2009 (Annexure-A-10) he was informed that he was not eligible for appointment to the said post and his explanation was called for, as he had acquired B.Ed qualification after the cut off dated of 29.10.2007. The Applicant submitted his views and explanation in his representation dated 08.9.2009 (Annexure-A11) where he admitted that he did not submit B.Ed certificate copy along with his application form, as he had not completed the same at that time. He also followed up with another representation dated 15.09.2009 (Page-35). After considering the reply of the Applicant, it was found that he was not eligible for the said post, as he acquired B.Ed qualification after the cut off date (29.10.2007) and therefore, his candidature for the post of PGT (Maths) was cancelled vide Memorandum dated 27.10.2009 (Annexure-A1). Thus, being aggrieved, he is before this Tribunal in this OA.
3. The learned counsel for the Applicant, Shri A.K. Bhakta contended that in the SC reserved category for the post of PGT (Maths) only one vacancy existed for which the Applicant had been selected and he had not practiced any fraud but had reported true status in his application and in his subsequent representation to the show cause notice. He submitted that those had Ph.D in the subject concerned or First Class in Higher Secondary, Graduation and Master had been granted 3 years relaxation in getting the B.Ed qualification and the Applicant being in SC category similar relaxation should be granted to him. He further contended that the Respondents having not granted the special right to the SC candidates like the Applicant; and as such the Respondents violated Article 14 and 16 of the Constitution of India.
4. Per Contra, Ms. Nasreen on behalf of Ms. Jyoti Singh and Mrs. Sumedha Sharma, the learned counsels representing the Respondents vehemently opposed the contentions put forward by Shri Bhakta. It was stated that the Applicant passed B.Ed only in the examination conducted in 2008 and therefore obtained his B.Ed qualification after the cut off date of 29.10.2007. Thus, the Applicant was not educationally qualified on the cut off date. Referring to the relaxation available for Lecturer/PGT (General) only for the candidates having essential qualification of Ph.D degree in the subject concerned or First Division in Higher Secondary, Degree and Post Graduate examination with mandatory qualification that the candidate will acquire B.Ed/B.T.qualification within a period of 3 years from the date of joining. It has been further clarified that the Applicant does not have Ph.D and also has not secured First Division in Higher Secondary, Degree and Post Graduate examination and is, therefore, not eligible to get such relaxation as per the Recruitment Rules.
5. We heard the rival contentions and with their assistance perused the pleadings. We take note of the educational qualification for the post of PGT as per the column 7 of the Schedule to the Notification dated 24.7.1975 (Annexure-R-B) which envisages the following:-
Educational and other qualifications required for direct recruits.
Essential :
Master Degree ( or its equivalent Oriental Degree in the case of P.G.T. Sanskrit/Hindi) in the subject concerned from any recognized University. Degree/Diploma in Training/Education.
Desirable :
3 years experience of teaching in a College/Higher Secondary School/High School in the subject concerned. As per the amendment carried out by the Notification dated 7.5.1981, certain relaxations were granted to the educational qualification which reads as follows:-
In column 7 of the said schedule with heading Educational and other qualification required for direct recruits the following saving clause shall be added below item No.2 of the Essential Qualifications, namely:
Qualifications mentioned at S.No.2 above relaxable in the case of candidates:
(i) having obtained Ph.D Degree in the subject concerned from a recognized University/Institution; or
(ii) having obtained First Division in Higher Secondary, Degree and Post Graduate Examination with the mandatory condition that the candidate will acquire the B.Ed. / B.T. qualification within a period not exceeding three years from the date of his joining the service.
6. In the background of the above statutory Rules position, we note the following undisputed facts;
The cut off date for the educational qualification in 29.10.2007 On 29.10.2007 the Applicant did not have the B.Ed qualification. He was a student and admittedly wrote his B.Ed examination in the year 2008.
The Applicant did not have Ph.D qualification in the subject.
He did not secure First Division in the Higher Secondary, Degree and in the Post Gradutate.
The relaxation as indicated in the amendment cited above is applicable to all categories.
7. A cut off date is fixed for specific purpose and applicable across the board. Neither it can be termed as discriminatory nor arbitrary and if such cut off date is relaxed in one case, the action will be unconstitutional and illegal Thus, we are of the opinion that only because a cut off date has been fixed, the same per se cannot be said to be arbitrary as some date is required to be fixed for that purpose as held by Honourable Apex Court in State of Tamil Nadu Vs. Seshachalam[AIR 2008 SC 647].
8. Taking into account the Rule position and facts of the case, we arrive at the considered finding that the Applicant was not educationally qualified as on 29.10.2007, the cut off date fixed for the post of PGT (Maths) in the advertisement by DSSSB. Further, we also conclude that the relaxation available as per the amended Rule of 1981 was not admissible in the case of the Applicant, as he did not possess Ph.D and First Divisions in the Higher Secondary, Degree, and Post Graduate Examinations.
9. Resultantly, the Applicant has not been able to establish the case in his support and we, therefore, dismiss the Original Application being devoid of merits. No costs.
( Dr.Ramesh Chandra Panda ) ( Shanker Raju )
Member (A) Member (J)
/rk/