Central Administrative Tribunal - Delhi
Istakhar Ali vs Delhi Subordinate Services Selection ... on 14 January, 2025
1
Item No.64/C-4
O.A. No. 1855/2018
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
O.A. No. 1855/2018
This the 14th day of January, 2025
Hon'ble Ms. Harvinder Kaur Oberoi, Member (J)
Hon'ble Dr. Sumeet Jerath, Member (A)
Shri Istakhar Ali
S/O Shri Shekh Faruque
Aged about 29 years
R/O C-328, Sector-1, Avantika Rohini, Delhi-110085
...Applicant
(By Advocate: Ms. Neha)
Versus
1. Delhi Subordinate Services Selection Board Through its
Secretary FC-18, Institutional Area Karkardooma, Delhi-
110092
2. Government of National Capital Territory of Delhi
Through its Principal Secretary (Education) Old Secretariat,
Civil Lines Delhi-110054
3. Director of Education Government of N.C.T. of Delhi, Old
Secretariat, Civil Lines Delhi-110054
...Respondents
(By Advocate : Mr. Anuj Kumar Sharma)
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Item No.64/C-4
O.A. No. 1855/2018
ORDER (ORAL)
Ms. Harvinder Kaur Oberoi, Member (J) The present OA has been filed by the applicant seeking the following relief(s):-
"i. declare that the applicant is entitled to be selected to the post of TGT (Computer Science).
ii. quash the rejection of the applicant iii. direct the respondent no.1 to select the applicant to the post of TGT (Computer Science) in the interest of justice iv. and/or pass such other order/s as may be deemed fit and proper."
2. The applicant is a qualified candidate in possession of degree in BACA i.e., B.A. (Computer Applications), from Jamia Millia Islamia University, Delhi. Additionally, he has done Master of Computer Applications (MCA) from the same university.
3. The respondent, DSSSB, through Advertisement No. 01/14, invited applications for various posts, including that of TGT (Computer Science). The applicant, being fully qualified for the said post, applied pursuant to the advertisement and was allotted Roll Number 13818991. He participated in the recruitment process and secured 98.50 marks in the TGT (Computer Science) examination. Thus, the applicant was shortlisted and included in the list of successful candidates. He was instructed to upload the requisite documents on the e-dossier portal. The applicant complied by uploading his documents. However, his candidature was rejected by the DSSSB vide Rejection Notice No. 209 3 Item No.64/C-4 O.A. No. 1855/2018 dated 10.11.2017, citing that he did not possess the requisite qualification as per the Recruitment Rules (RRs).
4. The applicant submitted a representation on 13.11.2017 I.e., two days after the rejection notice, attaching all relevant documents, including his BACA & MCA degree and marksheets for all six semesters.
5. The learned counsel for the applicant argued that the essential qualifications for the post, as per the RRs and the advertisement, were as follows:-
"Essential:
1. Bachelor's Degree in Computer Application (BCA) from a recognized university; OR
2. Graduation in Computer Science from a recognized university, provided that the Computer Science subject must have been studied as the main subject in all years; OR
3. B.E./B.Tech. (Computer Science/Information Technology) from a recognized university."
6. The applicant's graduation marksheet from Jamia Millia Islamia University demonstrates that he studied Computer Applications as a compulsory subject in all three years of his graduation. Furthermore, he holds an MCA degree in First Division, which qualifies him for the post. Despite this, the respondent failed to forward the applicant's dossier or recommend him for appointment.
7. On issuance of notice, the respondent filed a counter affidavit. Respondent No. 3, Directorate of Education, stated that their role begins 4 Item No.64/C-4 O.A. No. 1855/2018 only upon receipt of the dossier of selected candidates from Respondent No. 1, DSSSB.
8. Learned counsel for respondent, DSSSB, Mr. Anuj Kumar Sharma, relying on the counter affidavit, contended that the applicant failed to upload the requisite documents on the e-dossier portal. It was argued that the applicant had obtained a B.A. degree with Computer Applications as one of the subjects, whereas the RRs require a Bachelor's degree in Computer Applications or its equivalent. Based on this interpretation, the applicant's candidature was rejected.
9. We have examined the advertisement, the applicant's graduation and MCA marksheets, and the RRs. The requirement, as per the RRs, is a Bachelor's degree in Computer Applications or graduation in Computer Science, provided the subject is studied in all years. The applicant's graduation marksheet confirms that Computer Applications was a compulsory/main subject in all three years. Moreover, the respondents, in their affidavit, acknowledged that candidates who uploaded their MCA qualifications were considered eligible.
10. The rejection notice No. 209 states that candidates with grievances regarding qualifications or other eligibility criteria may approach the user department (Directorate of Education, GNCTD) for clarifications. The applicant, in compliance with this provision, approached the Directorate of Education on 13.11.2017 with his representation and 5 Item No.64/C-4 O.A. No. 1855/2018 supporting documents within two days. However, the respondents failed to act on the representation or provide any reasons for their inaction.
11. We note that the DSSSB, through its affidavit, has admitted that it considered MCA as a qualifying degree for the relevant post. The applicant, possessing both BCA and MCA qualifications, ought to have been duly considered by the DSSSB. The respondents, having invited representations, are under a legal obligation to evaluate them in accordance with the law.
12. Accordingly, the OA is allowed with the directions to the respondent, DSSSB and Department of Education, is directed to consider the applicant's qualifications and documents in accordance with the RRs and his merit. The rejection notice (No. 209), insofar as it pertains to the applicant at Serial No. 23 in the UR category, is set aside. The respondent DSSSB shall take necessary steps within two months from the date of receipt of a certified copy of this order. The Directorate of Education shall act upon the outcome of consideration by DSSSB within one month thereafter.
13. No order as to costs.
(Dr. Sumeet Jerath) (Harvinder Kaur Oberoi)
Member (A) Member (J)
/arti/