Central Administrative Tribunal - Kolkata
Narendra Tiwari vs Education on 6 September, 2024
1 O.A./351/1309/2024
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
(Circuit Sitting At Port Blair)
OA.351/01309/2024
Date of Order: 06.09.2024.
Coram: Hon'ble Smt. Urmita Datta (Sen), Judicial Member
Hon'bleMr.Suchitto Kumar Das, Administrative Member
Shri Narendra Tiwari
Shri Virendra Tiwari
Aged about (32) years
Permanent resident of Badhwaliya Buzurg Post, Mathiya
Naraipur District Kushinagar, Uttar Pradesh - 274402.
..........Applicant
-VERSUS-
1. Union of India, Service through the Secretary, Govt. of India,
Ministry of Home Affairs, North Block, New Delhi-110001
2. Union of India, Service through the Secretary, Ministry of
Education Govt. of India, Shastri Bhawan, New Delhi-110001
3. The Lieutenant Governor Andaman and Nicobar Islands Raj
Niwas, Port Blair - 744101
4. The Chief Secretary Andaman and Nicobar Administration
Secretariat, Port Blair - 744101
5. The Secretary (Education) Andaman and Nicobar
Administration Secretariat, Port Blair - 744101
6. The Director of Education Andaman and Nicobar
Administration Port Blair-744101
.........Respondents
For the Applicant : Mr. Gopala Binnu Kumar; Counsel
For the Respondents : Dr. D. Chowdhury; Counsel
2 O.A./351/1309/2024
O R D E R (O R A L)
Per:Hon'ble Smt. UrmitaDatta (Sen)(J):
1. Ld Counsels for both the parties are present and are heard.
2. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief(s):-
"A. An order be passed directing the respondent No. 6 to consider the experience certificate submitted by the applicant at the time of submitting his application for the post of Primary School Teacher (Hindi Medium) to treat the experience and to accord numbers accordingly or to take into account his subsequent certificate dated 10/04/2024 submitted by the applicant alongwith his claim and objection dated 10/06/2024 and to accord the marks for experience and consider the case of the applicant for appointment to the post of Primary School Teacher (Hindi Medium) under unreserved category under the respondent No. 6.
B. An order be passed directing the respondent authorities to transmit the original records of the case before this Hon'ble court, so that after perusing the same conscionable justice may be rendered to the applicant.
C. Any other relief or relief's, order or orders, direction or directions as your Honour deem fit and proper."
3. Ld Counsel for the applicant submits that the applicant is a permanent resident of Badhwaliya Buzurg Village, Matihia Naraipur Post, Khushinagar District, Uttar Pradesh. He has completed his Post Graduation in Sanskrit from Sampurnananda Sanskrit University, Varanasi. Thereafter after completion of the said degree the applicant was appointed as full-time teacher (Primary School Teacher) at Laxmibai Shiksha Niketan, Hanuman Chauk, Durgwaliya, Khushinagar, Uttar Pradesh on and from 30.03.2018 till today. In the meantime, one Vacancy Notification dtd. 14.02.2024 (Annexure- A/12) was issued for recruitment for the post of Primary School Teacher, in the different mediums in Group 'B' Non- Gazetted, Non-Ministerial posts under the Directorate of Education, A & N Administration, in Pay Level 6 (Rs. 35,400- 1,12,400). In the same Notification 150 vacancies ( UR- 64, OBC- 57, EWS- 15, ST- 14) were declared in total for the post of Primary School Teacher (Hindi Medium). The applicant after finding himself 3 O.A./351/1309/2024 qualified for the same had applied for the post of Primary School Teacher (Hindi Medium) in UR category along with the supporting documents.
4. Thereafter, the respondents vide acknowledgement letter dtd. 07.03.2024 verified and accepted 18 documents out of 21 documents produced by the applicant herein. Subsequently, vide Notice dtd. 07.06.2024 a Provisional Statement of Marks of eligible candidates and list of ineligible candidates for recruitment to the post of Primary School Teacher was notified, wherein the name of the applicant was listed at Sl. No. 506 in General Category along with his obtained marks 63.11 and with a remark "Class X, XII & UG marks corrected. Experience marks excluded due to non-submission of Experience certificate in prescribed format and not countersigned by designated authority".
5. Ld Counsel for the applicant further submits that, against this the applicant has made a representation dtd. 10.06.2024 to the Director, Directorate of Education, VIP Road, Port Blair, South Andaman, to treat his candidature for the said post by taking into account the experience certificate submitted by him. However, according to the applicant the said representation is still pending before the Authority. Moreover, the Dy. Director of Education(Perl.), A & N Administration has issued another Notice dtd. 07.08.2024 (Annexure- A/8), whereby, provisional merit list of selected candidates, waitlisted candidates, provisional statement of marks of eligible candidates and list of ineligible candidates for the post of Primary School Teacher were published, wherein again the name of the applicant was listed at Sl. No. 507 along with the same obtained marks and remarks as were mentioned in Notice dtd. 07.06.2024.
6. Being aggrieved with the same the applicant has approached this Tribunal. Ld Counsel for the applicant submits that as per Clause 5 of the Notification dtd.
4 O.A./351/1309/2024 14.02.2024, for teaching experience 10 marks is stipulated. Further as per Clause 9(ii), experience certificates (in prescribed format) duly countersigned along with the appointment orders are required to be submitted and as per Clause 9 (xi), all teaching experience certificates must be supported by the relevant appointment orders. All Experience certificates must be countersigned by competent authority as follows:
"Experience in School: Countersigned by EO/DEO/AEO/ Zonal Officer/DIOS/BSA. Teaching experience in College: Countersigned by Registrar/Deputy Registrar/Assistant Registrar of concerned affiliating University/Assistant Secretary Higher Education/Deputy Secretary Higher education of concerned state /UT.
Teaching experience in JNV & KVS -Countersigned by Commissioner/ Deputy commissioner/Assistant Commissioner/ Chairman-School Managing Committee/Vidyalaya Prabandhan Samiti or authorised nominee of Chairman- School Managing Committee/Vidyalaya Prabandhan Samiti."
7. Ld Counsel for the applicant now draws our attention to the Experience Certificate dtd. 02.03.2024 (Annexure- A/4) issued by the Block Education Officer who is equivalent to EO. According to him the nomenclature may vary but the posts are equivalent. Since the Experience Certificate was countersigned by the Block Education Officer of UP who is equivalent to EO, therefore, the Experience Certificate should be considered valid and appropriate and the candidature of the applicant should be considered appropriately.
8. Ld Counsel for the applicant submits that it will suffice his purpose if an order be passed by this Tribunal directing the respondents to consider the pending representation of the applicant treating this OA as a part of it and in the meantime the applicant may be granted interim protection.
9. Ld Counsel for the respondents submits that as per the nomenclature stipulated in the Notification, the respondents did not find that the Experience 5 O.A./351/1309/2024 Certificate of the applicant is countersigned by the appropriate authority, however, they are ready to verify it from the issuing authority about the equivalence of the authority who has issued the said Experience Certificate of the applicant.
10. Heard Ld Counsels for both the parties and perused the materials on record.
11. In view of the above, the respondents are directed to consider the representation of the applicant dtd. 10.06.2024 treating this OA as a part of it and verify the equivalence of the authority who has countersigned the Experience Certificate of the applicant with the countersigning authority as prescribed in the Vacancy Notification dtd. 14.02.2024 and communicate the decision to the applicant by way of a reasoned and speaking order within a period of 04 weeks from the date of receipt of certified copy of this order. In the meantime the respondents are further directed to keep 01 post in UR category vacant for the post of Primary School Teacher (Hindi). For rest of the vacancies/posts the respondents are at liberty to proceed with the selection process further declaring results as per merit.
12. With the above observations and directions the OA is disposed of. There will be no order as to costs.
(Mr.Suchitto Kumar Das) (Smt. Urmita Datta (Sen))
Member (A) Member (J)
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