Central Administrative Tribunal - Chandigarh
Manjeet vs Education Deptt., Ut Chandigarh on 24 April, 2026
1 (OA 1545/2024
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
Original Application No.60/1545/2024
Decided on: 24.04.2026
CORAM : HON'BLE SH. RAMESH SINGH THAKUR, MEMBER (J)
HON'BLE MRS. ANJALI BHAWRA, MEMBER (A)
1. Manjeet, Aged 29 years, S/o Sh. Dilbagh Singh, R/o Village Mundlana,
Distt. Sonipat, Haryana, Group 'B'
2. Sushil Sharma, Aged 29 years, S/o Sh. Rohtash Sharma, R/o VPO
Randhawa Distt. Sirsa, Haryana - 125055
...Applicants
(By Advocate: Mr. Sandeep Siwatch)
VERSUS
1. UT Chandigarh Administration through Secretary, Education
Department, Union Territory Civil Secretariat, Deluxe Building, Sector -
9, Chandigarh
2. Director School Education, Education Department, Chandigarh
Administration, 4th Floor, Additional Deluxe Building, Union Territory,
Sector -9, Chandigarh
...Respondents
(By Advocate: Mr. Arvind Moudgil, Sr. Advocate assisted by Mr. Mayank
Vashisht, Mr. T.S. Hundal and Ms. Yandasi)
B. Shri Akshaya Juneja
B. Shri 2026.05.13
Akshaya Juneja17:12:00
+05'30'
2 (OA 1545/2024
O R D E R (Oral)
Per: HON'BLE MRS. ANJALI BHAWRA, MEMBER (A):
1. This O.A has been filed under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:
"I. Quash impugned Advertisement No. 05/2023 dated 09.02.2024, copy attached as Annexure A-1, issued by the respondent no. 1 to extent that they have provided Horizontal reservation to the Ex- Serviceman category persons in recruitment of Group 'B' posts which is violative of instructions issued by the Central Government, Ministry of Defence and DOP&T. ii. Direct the respondents to fill up the all the posts of TGT (Masters/Mistresses) as per merit without providing horizontal reservation to the Ex-Serviceman category and appoint the applicants to the post of TGT (Masters/Mistresses) (Social Studies) with all the consequential benefits.
iii. Any other order or direction deemed fit and proper in the facts and circumstances of the case to which the applicants are held entitled to may also kindly be issued in favour of the applicants.
iv. Award costs of the petition in favour of the applicants."
2. The applicants in its OA has submitted the following:-
I. The Applicant No. 1 possessed the qualification of Post-graduation, i.e., M.Sc. Geography & B.Ed, and the Applicant No. 2 possessed the qualification of Post-graduation, i.e., B.A., M.A. in Geography & B.Ed. Both have passed the Central Teacher Eligibility Test (CTET), UGC-NET & HTET. Respondent No.2 issued Advertisement No.05/2023 dated 09.02.2024 (Annexure A-1), inviting online applications for filing up 303 posts of TGT (Masters/Mistresses) i.e. Group 'B' posts on regular basis. Out of total 303 posts, 30 Posts were reserved for ESM Category by providing Horizontal Reservation which is violative of Central Government and DOP&T Guidelines/O.M. II. It is submitted by the applicants that the applicants being possessing the requisite qualifications and being fully eligible applied under the General Category for the post of TGT (Social Studies) by submitting their online B. Shri Akshaya Juneja B. Shri 2026.05.13 Akshaya Juneja17:12:00 +05'30' 3 (OA 1545/2024 application forms dated 12.03.2024 (Annexure A-2/Applicant No.1) and 06.03.2024 (Annexure A-3/Applicant No. 2). After scrutiny of the applicants' application, respondent Education Department Chandigarh Administration issued Admit Cards to all the eligible candidates including the applicants.
Applicants Roll Numbers are 501777 and 502934. The written test for the post of TGT (Masters/Mistresses) was scheduled to be held on 22.06.2024 & 23.06.2024 as per notice issued by Director School Education, Chandigarh Administration i.e. Respondent No.2. The applicants appeared in the written test on 23.06.2024. The respondents issued category wise merit list for shortlisted candidates for the post of TGT-Social Studies, in the merit list of General category, name of the applicants was shown at serial No. 11 & 10 (Annexure A-6).
III. After the declaration of result category wise, respondent Education Department Chandigarh Administration issued notice dated 09.09.2024 (Annexure A-7), wherein candidates 3 times the number of posts in each category were called for checking/verification of the original documents for the post of TGT and the said document verification was scheduled on 12.09.2024 and 13.09.2024 respectively. The applicants, who stood meritorious in the General category appeared for document verification before the respondent authorities. Respondent Chandigarh Administration issued list wherein Documentation Committee-III cleared the applicants in document verification and their name mentioned at serial No. 11 & 10 (Annexure A-8). IV. According to the applicants, two incumbents belonging to General category applied under ESM category will occupy the last two posts of TGT Social Studies in General category and applicants are likely to be not considered for appointment as per the Horizontal reservation provided by the Chandigarh Administration in the advertisement which is violative of clause 1.4 (A) (i) of Composition of the Standing B. Shri Akshaya Juneja B. Shri 2026.05.13 Akshaya Juneja17:12:00 +05'30' 4 (OA 1545/2024 Committee on Defence report on resettlement of Ex-Servicemen Part- I Chapter-I (Annexure A-9) V. Neither the Nodal Ministry nor the Ministry of Defence provided Horizontal reservation to ex-serviceman category in Group 'B' posts. Therefore, the impugned advertisement whereby Chandigarh Administration provided horizontal reservation to ex-serviceman is liable to be set aside. Even the KVS and NVS also not provided any horizontal reservation in Group 'B' posts i.e. TGT as evident from recruitment drive 2019 by NVS, Recruitment Drive of 2022-23 by NVS, KVS Advertisement No.11, KVS Advertisement No.14 and KVS Advertisement No.15/2022. Other UTs like New Delhi etc. also not providing any horizontal reservation to Ex-serviceman in recruitment of Group 'B' posts. The recruitment to the posts of TGTs has to be made in accordance with the School Cadre Recruitment Rules, 1991, which were amended time to time.
VI. The applicant No. 1 also sought information under RTI vide application dated 04.10.2024, wherein it was stated that the Chandigarh Administration is following the reservation policy of the Central Government. As per this policy, ex-servicemen are authorized 10% vacancies in Group 'C' and 20% in Group 'D'. Applicant No. 1 was granted personal hearing on 03.12.2024. He appeared before the Dy. Director and the respondents were adamant to grant Horizontal reservation to ESM category which is violative of the rules. VII. Similarly situated incumbent who had applied for TGT (Social Studies) and against the action of the respondents in providing horizontal reservation to ex-servicemen in Group 'B' posts approached this Tribunal by way of OA No.060/00598/2025 titled Rohit Kumar vs. UT Chandigarh Administration & Anr. , which was allowed vide Order dated 18.03.2026.
B. Shri Akshaya Juneja
B. Shri 2026.05.13
Akshaya Juneja17:12:00
+05'30'
5 (OA 1545/2024
VIII. This Tribunal was pleased to issue notice to the respondents and also passed interim order that there shall be status quo on the issuance of appointment letter in respect of two posts of TGT (Social Studies) (Ex- Servicemen category) till the next date of hearing. Another similarly situated incumbents who applied for the post of PGT also approached this Tribunal by filing OA No.060/157/2025 and Other OAs, challenged the action of the respondents for providing horizontal reservation in Group 'B' posts. Therefore, the applicant has no other alternative to approach this Tribunal by filing the present OA for redressal of her grievance.
3. Notice was issued to the respondents. The respondents filed written statement on 25.03.2026, wherein it is submitted as follows:
i) It is submitted by the respondents that the Education Department, Chandigarh Administration issued Advertisement Notice No.05/2023 dated 09.02.2024 wherein 303 posts of Masters/Mistress (TGT's) were advertised with detailed bifurcation of respective category i.e. General/SC/OBC/ESM/EWS/PWBD. The TGT Social Studies posts were also advertised with the bifurcation i.e. General -11, 80-4, OBC-7, EWS-2 (ESM-2-
VH-1). it was specifically stated in the advertisement notice that the candidates appointed against PWD and ESM quota will consume the posts from the respective category to which they belong i.e. Gen/SC/OBC.
ii) The recruitment for the post of TGT has been made in accordance with the existing Recruitment Rules which were notified in the year 1991 which clearly mentions that the post of TGT falls under Group-C category and accordingly the horizontal reservation to the ESM category can be given. Further, it is stated that after coming into existence of Central Rules applicable to Chandigarh Administration vide dated 29.03.2022, the Chandigarh Administration was required to frame the Recruitment Rules as per Central Government. As the Central Government have not been finalized B. Shri Akshaya Juneja B. Shri 2026.05.13 Akshaya Juneja17:12:00 +05'30' 6 (OA 1545/2024 till date, the Recruitment Rules 1991 will be applicable for the purpose of recruitment.
iii) That as per the Recruitment Rules 1991 the post of TGT falls under Group-C and in the said Rules it has been clearly stated that these Rules shall not effect reservation, relaxation of age limit and other concessions required to be provided for Schedule Castes/ Schedule Tribes and Ex-Service Men and other special categories of persons in accordance with the orders issued by the Central Government from time to time in this regard. Therefore, the advertisement issued by the Education Department, Chandigarh Administration was in accordance with Recruitment Rules 1991 and the reservation made for ESM category was within the ambit of the said Rules.
iv) The applicants in the present OA has mentioned about the Union Territory of Chandigarh Employees (Revised Pay) Rules, 2023 notified vide notification dated 23.03.2023 wherein it has been claimed by the applicants that the post of TGT falls under the category of Group-B post on the basis of the Revised Pay Scale i.e. 9300-34800+GP of Rs. 4600. In this regard, it is stated that the said rules have not been finalized yet and therefore, are not applicable to Chandigarh Administration. Further, the Recruitment Rules for Teaching Posts (Group-B) issued by the Education Department, Chandigarh Administration vide notice dated 12.03.2024 are only draft rules and are pending for objections from the Teachers working in the Education Department. Thus, the applicants cannot seek relief in view of the notification dated 23.03.2023 and 12.03.2024 as these rules are not in force yet and are still pending for finalization.
v) It is submitted that the applicants applied for the post of TGT (Social Studies) after going through the advertisement notice and agreed with the conditions mentioned in the advertisement. The applicants willfully appeared in the written examination and appeared for the selection process. Once the applicants have willfully appeared in the written test/ selection process may B. Shri Akshaya Juneja B. Shri 2026.05.13 Akshaya Juneja17:12:00 +05'30' 7 (OA 1545/2024 cannot be permitted to challenge the same as per settled law. The applicants have approached the Hon'ble Tribunal seeking quashing of the advertisement dated 09.02.2024 after the declaration of results wherein 2 posts of ESM quota has been reserved by the Department under General Category and the applicants apprehend that the persons belonging to ESM Category will occupy the last 2 posts of General Category and the applicants will not be considered for the said posts. Thus, the applicants are estopped by their own conduct as they were well aware about the conditions of the advertisement and still chose to participate in the selection process and has approached the Tribunal for seeking relief to get selected for the said post.
vi) No appointments have been made by the department for the said posts and no final selection list has been published yet and therefore, the present 0A deserves to be dismissed at this stage.
4. The applicant has filed rejoinder wherein the applicant reiterated the contents of the O.A and emphasized on following submissions:
i) It is submitted that the respondents have tried to mislead this Tribunal, by giving reference to the Recruitment Rules, 1991 which become redundant as the Chandigarh Administration framed Rules known as Union Territory of Chandigarh Employees (Condition of Service) Rules, 2022 issued vide gazette notification dated 29.03.2022, whereby Central Civil Service Rules were made applicable in U.T. Chandigarh w.e.f. 01.04.2022. This Notification was circulated by the Chandigarh Administration Personnel Department to all the Departments of U.T. Chandigarh vide circular dated 30.03.2022 (Annexure A-
16). As per DOP&T Order dated 09.04.2009 (Annexure A-17), a central civil post carrying the grade pay of Rs. 4200 to 5400 classified as Group 'В' posts.
Therefore, the post of TGTs having grade pay of Rs. 4600/- is Group 'B' posts and there is no horizontal reservation provided in Group 'B' posts by the Govt. of India and Ministry of Defence. This fact not denied by the respondents that B. Shri Akshaya Juneja B. Shri 2026.05.13 Akshaya Juneja17:12:00 +05'30' 8 (OA 1545/2024 the post of TGT is Group 'B' post. Thus, action of the respondents is not legally sustainable and is liable to be set aside.
ii) Further, it is averred by the applicant that the posts in the Pay Band Rs.9300-34800 with Grade Pay Rs.4600/- fall under the category of Group 'B' as per order dated 09.04.2009 issued by DoP&T and the applicants are entitled to the relief prayed for. The very basis of advertisement is the Union Territory of Chandigarh Employees (Revised Pay) Rules, 2023 which issued by the President of India underArticle 309 of the Constitution of India. The post of TGT is Group 'B' post in State of Punjab and Central Government. Applicants were in merit list and entitled to be appointed but due to illegal action of the respondents they were deprived of their right of appointment.
iii) Similarly situated incumbents who applied for the post of PGTs also approached this Tribunal by filling O.As No. 060/157/2025, 060/158/2025, 060/159/2025 and 060/160/2025 and challenged the action of the respondents for providing horizontal reservation in Group 'B' posts. The respondents have taken the identical stand taken in that case as has been taken in the present Written Statement. This Tribunal has been pleased to allow the OAs vide order dated 28.01.2026 (Annexure A/23).
5. Heard both the counsels and have read the averments and pleadings made in the present OA.
6. The moot question in this case is whether horizontal reservation to ESM category in the recruitment can be provided to the recruitment of Group 'B' posts in accordance with the DoPT OM?
7. As per the documents placed on record both by the respondents and the applicant relied upon the following rule position. Vide DoP&T No.11012/7/2008-Estt.(A), dated 17.04.2009, on the subject of Classification of posts under the CCS (CCA) Rules, 1965 indicating the relevant para:-
"2. AS per clause (4) of the Central Civil Services (Revised Pay) Rules, 2008 notified vide notification No.G.S.R. 622(E) dated 29.08.2008, the pay band B. Shri Akshaya Juneja B. Shri 2026.05.13 Akshaya Juneja17:12:00 +05'30' 9 (OA 1545/2024 and grade pay or the pay scales, as applicable, of every post/grade specified in column 2 of the First Schedule thereto shall be as specified against it in column 5 and 6 thereof. Consequent upon the notification of the said rules, it has become necessary to prescribe revised norms for categorization of posts into the above mentioned four categories based on the pay band and grade pay or the pay scales as applicable, as approved by the Government. Accordingly, an Order classifying the various Central Civil Services posts into Group "A", "B", "C", and "D" based on the revised norms of pay has been notified in the Gazette of India extraordinary vide S.O.946(E) dated 09.04.2009. A copy of the order is enclosed. All posts in the Central Civil Services would now stand classified strictly in accordance with the norms of pay band and grade pay or pay scales as prescribed in the said order."
The corresponding pay scales for Group 'B' posts at Annexure A/24 at page 167 of the paper book is as follows:-
2. A Central Civil post carrying the following grade pays:-
Group 'B' Rs.5400/-, Rs.4800/-, Rs.4600/- and Rs.4200/- in the scale of pay of Rs.9300-34800 in Pay Band-2.
ii) As per the Draft Recruitment Rules issued by the Chandigarh Administration for Teaching posts:-
"3. Masters/Mistresses (TGT) Chandigarh Education Services (School Cadre) Group 'B') in the pay scale of Rs.9300-34800/- + Grade Pay Rs.4600/- Level-
7."
Thus, the post of TGT (Masters/Mistresses) are in Group 'B', and there is no distinction between Group 'B' (gazette) and Group 'B' (Non-Gazetted). The categorization is solely on the basis of norms of pay band and grade pay or pay scales.
7. Now on the point of whether Horizontal Reservation can be carried forward or not?
8. It has also been averred by the applicant that there is no reservation of ESM category in Group 'B' Category. Further, the Tribunal in a similar case in OA No.060/157/2025 has decided as per the judicial pronouncements are as follows:-
i) Saurav Yadav and Others Vs. State of Uttar Pradesh and Others, reported in 2021 AIE SCC 213 wherein it had been held that :-
B. Shri Akshaya Juneja B. Shri 2026.05.13 Akshaya Juneja17:12:00 +05'30' 10 (OA 1545/2024 "...........vertical and horizontal reservations are methods of ensuring representation and are not rigid slots. It was categorically laid down that if appropriate number of candidates for filling seats meant for horizonotal reservation are not available, there is no carry forward of such vacancies in a manner that disturbs the merit list."
The relevant observations of Hon'ble Apex Court are as follows:- "52. The features of vertical reservations are:
(i) They cannot be filled by the open category, or categories of candidates other than those specified and have to be filled by candidates of the concerned social category only (SC/ST/OBC);
(ii) Mobility ('migration') from the reserved (specified category) to the unreserved (open category) slot is possible, based on meritorious performance;
(iii) In case of migration from reserved to open category, the vacancy in the reserved category should be filled by another person from the same specified category, lower in rank,
(iv) If the vacancies cannot be filled by the specified categories due to shortfall of candidates, the vacancies are to be 'carried forward' or dealt with appropriately by rules.
53. Horizontal reservations on the other hand, by their nature, are not inviolate pools or carved in stone. They are premised on their overlaps and are 'Interlocking' reservations 21. As a sequel, they are to be calculated concurrently and along with the inviolate 'vertical" (or "social") reservation quotas, by application of the various steps laid out with clarity in paragraph 11 of Justice Lalit's judgement. They cannot be carried forward. The first rule that applies to filling horizontal reservation quotas is one of adjustment, i.e. examining whether on merit any of the horizontal categories are adjusted in the merit list in the open category, and then, in the quota for such horizontal category within the particular specified/social reservation."
ii) Jitendra Kumar Singh and Another Vs. State of U.P. and Others, reported in (2010) 3 SCC 119, wherein it had been held that :-
".........there is no concept of carry forward of unfilled horizontal reservation vacancies and that such posts, if not filled by the special category, are to be filled in accordance with merit from the respective vertical category."
iii) Upendra and Others Vs. State of U.P. and Others, reported in 2018 (7) ADJ 37, wherein it had been held that:-
"......in horizontal reservation there is no concept of "vacancy" in the same sense as in vertical reservation, and unfilled horizontal posts cannot be carried forward en masse by displacing meritorious candidates of open or reserved categories."
The relevant observations of Hon'ble Apex Court are as follows:-
B. Shri Akshaya Juneja B. Shri 2026.05.13 Akshaya Juneja17:12:00 +05'30' 11 (OA 1545/2024 "......35. In horizontal reservation the candidate selected on merit who is at the bottom of the list can be adjusted provided there is a person of the special class available to substitute him. If no suitable candidate is available then there arises no occasion of displacing/adjusting the duly selected candidate from the merit list. As noted earlier, there is no concept of "vacancy". Further, it is not determinable from which category OC/OBC/SC/ST - the post is to be carried forward. The posts cannot be carried forward en masse from the open category, neither can the selected candidates be displaced from the social category i.e. OBC/SC/ST. It is only on availability of a suitable candidate belonging to the special class that he can replace the selected candidate from the merit list from the category to which the special class candidate belongs, not otherwise. In either case, we are convinced and hold that the carry forward rule of horizontal reservation in principle and application is discriminatory as it seeks to displace meritorious candidates from the select list without there being a suitable person available under the special category and that apart, the displacement of selected candidates is to take place from which social category i.e. OC/SC/ST/OBC is not determinable, which in our opinion, tantamounts to reverse discrimination and hence violative of Articles 14 and 16 of the Constitution."
9. In view of the aforesaid, the OA is allowed with the following directions:-
(i) In Annexure A-1 dated 09.02.2024, the reservation of two posts under the ESM category in TGT (Social Studies) is hereby quashed.
(ii) The official respondents are directed to consider the filling up of these posts of TGT (Social Studies) as per the merit, without providing horizontal reservation to the ESM category.
(iii) Needless to say, if the applicants are found eligible in accordance with merit and the rules, the applicants shall be issued an appointment order within eight weeks from the date of receipt of certified copy of this Order.
(iv) The applicant shall be entitled to notional seniority from the date the next below candidate was appointed, but actual monetary benefits shall accrue only from the date of joining.
10. The OA stands allowed in the above terms. No order as to costs.
(ANJALI BHAWRA) (RAMESH SINGH THAKUR)
Member (A) Member (J)
/akshaya/
B. Shri Akshaya Juneja
B. Shri 2026.05.13
Akshaya Juneja17:12:00
+05'30'