Central Administrative Tribunal - Delhi
Chandan Sharma vs Delhi Subordinate Services Selection ... on 10 May, 2023
1
Item No. 07 C-5 O.A. No. 1360/2023
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
O.A. No. 1360/2023
M.A. No. 1513/2021
This the 10th Day of May, 2023
Hon'ble Mr. Tarun Shridhar, Member (A)
Hon'ble Mrs. Pratima K. Gupta, Member (J)
Chandan Sharma
Aged about 36 years
S/o Sh. Surendra Sharma
R/o Village + P.O. - Kurasan, P.S. Bhabua, Distt. Kaimur,
Bihar-821101
Mob. No. 9939254418
Posst : Special Education Teacher
Post Code : 146/14
Group : B
...Applicant
(By Advocate:- Mr. Mr. Anuj Aggarwal with Mr. Shakib Malik
and Ms. Shradha Adhikari)
Versus
1. Delhi Subordinate Services Selection Board (DSSSB),
Through its Chairman,
Govt. of NCT of Delhi
FC -18, Institutional Area,
Karkardooma, Delhi-110092
Email : [email protected]
2. Directorate of Education
The Director of Education
Govt. of NCT of Delhi
Old Secretariat Building,
Civil Lines, Delhi-110054
Email : [email protected], [email protected]
...Respondents
(By Advocates:- Mr. Anuj Kumar Sharma
2
Item No. 07 C-5 O.A. No. 1360/2023
ORDER (ORAL)
Hon'ble Mr. Tarun Shridhar, Member (A) By virtue of the present OA, the applicant seeks the following reliefs :
(i) Set aside the RejectionNotice No. 436 dated 03.02.2016, whereby the candidature of the applicant herein was rejected by the Delhi Subordinate Services Selection Board (DSSSB) for appointment on the post of Special Education Teacher (Post Code 146/14) in the Directorate of Education on ground "Below 60% marks in CTET as UR candidate";
(ii) Direct the respondents to accept the CTET qualification certificate dated 09.10.2014 and thereafter, consider the candidature of the applicant for appointment on the post of Special Education Teacher (Post Code - 146/14) treating the applicant as qualified in terms of the Advertisement No. 01/14.
(iii) Direct the respondents to consider the candidature of the applicant for appointment on the post of Special Education Teacher (Post Code 146/14) and appoint him with all the consequential benefits (monetary as well as non-monetary);
(iv) Allow the present Original Application with costs in favour of the applicant;
(v) Issue and 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 applicant;
2. Learned counsel for the applicant places before us order of the Hon'ble High Court of Delhi in a bunch of Writ Petitions submitting that the issue at stake in the present OA was the subject of these Writ Petitions and the same were disposed by the Hon'ble High Court with a direction that the competent 3 Item No. 07 C-5 O.A. No. 1360/2023 authority of the Govt. Of NCT of Delhi shall take an appropriate and expeditious decision in the matter in terms of the representation of the petitioners.
3. While deciding the aforesaid Writ Petitions, it has also been specifically recorded that the court had not commented upon the merits of the either of the parties.
4. Learned counsel submits that the present OA also deserves to be decided accordingly, strictly in consonance with the orders of the Hon'ble High Court referred to above.
5. Learned counsel for the respondents submits that the issue before the Hon'ble High Court does not bear close similarity with the issue in the present OA. The subject of the OA is accepting the qualifications of CTET for the purpose of selection to the post of Special Education Teacher whereas the Hon'ble High Court was seized of the prayer for relaxation of the qualifications. Therefore, inference cannot be drawn that both the cases are similar.
6. While giving due consideration to the contentions of the learned counsel for the parties, we find that the issue before the Hon'ble High Court was also with respect to the rejection notice 436 of 03.02.2016. There may not be a striking similarity between the two issues but the crux of both the 4 Item No. 07 C-5 O.A. No. 1360/2023 matters is selection of the applicants/petitioners on the ground that the qualifications they possess be either accepted as valid qualifications or in the alternative relaxation given. The Hon'ble High Court had specifically recorded that it was not commenting upon the merits of the contention of either of the parties and left it to the competent authority to decide the issue on its own merits and in accordance with the rules.
7. We are of the considered view that against this background, it would be an idle exercise to keep dwelling upon this OA any further.
8. Therefore, the present OA is disposed of with a direction to the competent authority of the Govt. of NCT of Delhi to decide the representation preferred by the applicant on 19.10.2020 in accordance with the rules and taking into consideration the facts and merits of the case. Since a considerable time has since elapsed, we afford a liberty of two weeks from today to the applicant to make a supplementary/additional representation, if he is so inclined.
9. The competent authority shall, thereafter take an appropriate decision upon the said representation and pass a reasoned order within a period of eight weeks. 5
Item No. 07 C-5 O.A. No. 1360/2023
10. While disposing of the OA in the light of these directions, we would like to emphatically state that neither have we examined nor commented upon the merits of the claim of the applicant.
11. The OA stands disposed of with the aforesaid directions. Pending MA, if any, stands disposed of accordingly.
There shall be no orders as to costs.
(Pratima K. Gupta) (Tarun Shridhar) Member (J) Member (A) /NISHA/