Central Administrative Tribunal - Mumbai
Vimal Bhai Ashokbhai Patel vs Administrator Ut Of Dnh on 4 August, 2023
Central Administrative Tribunal, Miuumbai Beach, Mumbai. OLALY vas 2019.7 Ta G49 & 24/2023 Dated this Friday the 4° dey of August, 2023. oN Coranu dustice MAG. Sewllkar, Member Gudicials Dd Bhagwan Sahai, Member (Administrative). 'malbhai Ashokbhai Patel presently posted at Silvassa as a Trained Graduate Teacher (TGT) on Guest Facully basis in Government Higher Secondary School, Dudhani but rejected an Regular basis for the same past and Residing atAmli Kakad Faliva, Uimarkul Road, Behind Govinda Complex, Siivasse, Dadra & Nagar Haveli. - Applicant in O: A TTA/IOL9 Manojkumar [shwarbhal Patel, presently pasted at S a ese as as med Gracias Tench an on contract basi : same post and Residing at E 24, Govt. Oa 1ariers, 'Type a Bchind Court Blde., Tokarkhada, Silvassa, Dadra & Nag ger Havell 396 230. ~ Applicant in OAT73/2019 Versits i. Adminisirater (fice, G6 RV Road, Secretariat (Sachivalaya) Olive, Silvassa, Union 'Territory of Dadra & Nagar Haveli 396 230, 2 Seeratary, Staff Selection Beard, Vidyut Bhavan, Room No.31, 3 Floor, Near Secretariat, Ami, Silva ASH, Dadra & Nagar Havel: 396 230. 3. Seeretary, Education Department, Silvassa, Dadra & Nagar Haveli 396 23 . Patel, Age: Not known, 4. Sandipbhel Manubhai Oecupation : Net known, Galonda, Kolipada, Post : Athola, Silvassa, Dadra & Nagar Haveli 396 230. s. Arunbha ai Kasubhai Gay it, Age: Not known, Occupation: Not known . Keunsha, Parasneda, sa welt « Past Dudhani, Dadra & Nagar Havell. vije aykumar Ramanbhai Patel, Age: Not known, Occu ipation: Not known, Kilavani Road, Amil Dokmard, 'Talay Faliya, Silvassa, Dadra & Nagar Havell. Mandakiniben Ishvarsinh Chauhan, Age: Not known, Occupation: Not known, Naroll, Haveli Faliva, Main Road, Dadra & Nagar Haveli. Rinaben Dashratsinh Chauhan, Age: Not known, Occupation: Not known, Po Naroli Gohil Faliya, Opp. Bharat Petroleum Main Road, Dadra & Nagar Haveli. Kalpanaben Shankarbhal Patel, Age: Not known, Occupation: Not known, Sil, Talavpada, Silvassa, Falguni Ishwarsink Chauhan, Age: Not known, Oceupation: Not known, Naroli Haveli Faliva, Mam Road, Dadra & Nagar Haveli, Rinkalkumar Chootubhai Patel, Age : Not known, Occupation: Not known, Dune earvadi, , Po. Atul, Di Valsad, Gujarat 396 020. - Respondents i in OA 774 & TTS of 2019 Virnalkumar Arvindbhai Patel (son of Arvindbhai Bavabhai Patel), date af birth : 24.10.1994 (see 28 vears 03 months) residing at: At Post-Khapanvada, Unchamora Faliva, Taluka-Gandevi, District-Navs sar, 395 116, well: 7567602536, 81402961 65, email id: ypatel2728 f@emailoam. Patel Madhuri Rajeshbhai (Daughter of Rajeshbhai Hirbhai), date of birth : 09.12.1990 (age 32 years OF 'month 8) working as: Assistant Teacher Primary (Contractual), Group 'B' post, in Primary Sehoot at Masat (Grujarati Medium) of Department of Education, Dadra and Nagar Havell, Daman and Diu and residing at R. 9, Pramukh Vihar, Phase ~3, Narali Road, Silvassa, Dadra & Nagar Haveli, 396 230 Cell 8469002999, email id: madhuripateld? | [email protected], ~ Applicants in OA 24/2023 > kid © ght Ze pe) Fai sete od Eon wd nee tat noe a pent ea £ bead [ae we tay Versus i, Union of India Through : Administrator, Union Territory of Dadra & Nagar Ha reli. Secretariat Moti Daman, Pin Cade 396 220. 2, Secretary, Staff Selection Board, Vidyat Bhavan, Roo nol, * Floar, Near Secretariat, Amli, Silvassa, Dadra & Nagar Haveli 396 230. 3. Secretary, Education ea Silvassa, Dadra &l Nagar Haveli 396 23 4. Vimal Bhai Ashokbhai Patel, Trained Graduate Teacher on Guest Faculty Basis, in Government Higher Secondary School, Dudhani, Dadra & Nagar Haveli 396 239, Residing at Amli Kakad Paliva, Umarkii Road, Behind Govinda Complex, Silvassa. S. Manoikumar ishwarbhai Patel, Trained Graduate Teacher in Government High School Palandi, H-4, Govi. Quarters, ..jPype Il, Behind Court Bide. Tokarkhada, Silvassa, Dadra & Nagar Haveli 396 230. - Respondents in OA 24/2023 Advorates : Shri Vishal Shirke, leamed counsel for the applicant in OA Nos.774 & TPS of 2019. Shri RG. Walia, learned couns ac\ for the apolican EDA. 24/2025, Dr VS. Masurkar, learned counsel for the official respondents in. all the OAs. . bri K.B.Mali, learned counsel for the private respondents in OA wos 774 & 175 of 2019. Skit Wishal Shirke, learned counsel for the private respondents in OA. SARS PS wat nS Order reserved ont 01.03.2035 Order pronounced on : 04.08.2025. ORDER Per: Dr. Bhagwan Sahai, Member (A)
Shri Vimalbhai A. Patel, Aled Q.ATTS/2019 and Shri Manojkumar I. Patel, fled O.A.773/2019 on 14.11.2019. In both thes OAs they have sought identical reliefs to stay and set aside selection of 84 Trained Graduate Teachers (PGT) for Science made by Staff Selection Board, UT Administration of Dadra & Nagar Haveli and notified on 27.09.2019: set aside Recruitment Rules 2003 relating to TOT for Stipulation of graduation and B.Ed. in respective subject and tmediuny prote 'ot thelr appointment as TOT on Guest Fac ity Basis; and award cost of these OAs.
2. Summarized facts :
2ifa). The applicants passed Secondary and Higher Secondary Schou! examinations of Gujarat Secondary & Higher Secondary Education Board, Gandhinagar in Gujarati median: Then they obtained B.Sc. Degree in Science in English medium. They completed BEd, Course from Hernchandracharya North Gistorat University, Patan in Gujarati nastier, Thereafier they have been working as Sclsnce and Maths teachers on cortract basis from 2016/2013. 2b). Secretary, Staff Selection Board, Silvassa '(Respondent No.2) issued advertisement on 27.07.2018 for vacancies of Y GT and Post Graduate Teachers (PGT) in different subjects and media. The applicants 3 QA Nos.774, FIS2019 & 24/20, 23 applied for the post of TGT for tesching in Sclence im Guiarali medium, Computer based written examination was conducted on 13.12.2018 and thelr mames were placed In provisional merit Hist for the post of TOT (Scienes subjset).
fie}. Thereafter they were directed by Respondent No.2 to submut yee a declaration specifying {he me edits um of instruction in Graduation and B.Ed. Degrees. They submitted the declaration stating that they had completed graduation in English medium and B.Ed in Gujarati medium In the final selection list of candidates recommended for appointment to te the past of TOT (Group °B" non-Gazetted) under the Directorate of _Edueation, DNH dated 27.09.2019. thelr names were aot included. Therefore, they submitted a representation to Respondent No.1 clarifying that thelr education upte 12° Standard has been in Guiarati medium. But graduation in Science was in Englis! vwadium and BEd. in Gujarati medium. When the representations were not considere d, they filed earlier QLA.OSY/E0L9 for seiting aside the selection of candidates recommended for appointment as TOT fer Science s subject i in. Crajaratl medium and directing respondents for their appointment. However, the earlier O.A. they did not challenge the Reenutment Rules, 2003, Therefore, these O.As have been filed seeking the above mer ntioned relists.
6 QA Nas 7 T4, TINLOLS & 24/2023 a. Comtentions of parties :
A. Applicants + In the Q.As, refoinder and during arguments of their counsel, the applicants have contended as under:
3(a). in the examination conducted by the Staff Selection Board of Silvassa, the applicants were selected provisionally but on the basis o their declaration sbout medium of instruction in their ereduation and B.ed. Degrees, in the final selection the respondenis have wrongly excluded them for appointment as TOT for Science subject in Gujara medium. Upto 12° standard they studied in Gujarati mediun but _thereafter in the area af UT of DNH, facility of graduation degree in ° Pad Gujarati medium was not available and, therefor gS & ' completed that degree course in English medium. shun, ---- they completed their B.Ed. Dearse in Guiarsti medium and, therefore, the respondents should have selected them: 3¢b). they were selected fur anpoimtment as TOT since as per the Recruitment Rides medium of instruction during their gradua tion 1 sis not Gujarati, i. shows that the seruitment Rules are bad in law. As they have also been working on contract basis ae Science teachers, the respondents should have selected them for the past of TOT for Sclence/Maths subject in Guiarath mediun
- of
3.
Ste}. they have alleged thal some Of the private responds enis in the OAs submitted false declaration about their medium being Gujarati in wh the graduation and B.Ed. Deersss; = Aid), the respondenta have wrongly and mechanically rejected oS o Sime their candidature without application of mind, The adv ertisement issu for the post of TOT mentioned that candidates should have proficiency in language such as Gujarati, Marathi, English and Hinds. Since the applicants have been teaching Selence and Maths in Gujarati medium
--
they have proficiency in Gufaratl and, therefore, they should have been selected. Earller appointment of TGT ander the same Recruitment Rules have been made for teaching in Gujarati, Marathi, English and Hindi medium Schools;
Ate}. there ig power to relax requirements of > the | ecruitment % elaned the require ment af Gujarati Rules but the respondents have not r mocium in graduation for the applicants. The respandents he ave releved the requirement in the revised Recruitment Rules for TGT notified on my 25.01.2020 in which the requirement of m sodium af: studies | has been mentioned the same as in SSC. Therefore, these OAs should be allowed:
SO}. ye applicants have relicd on Supreme Court decision dated 23.03.1985 In Writ Petitions (C) Na.iS248 to (S257 nts ee Lamba and others Vs. Union of India and others, (1985) 2 sce 604, which 2 dealt with relaxation of provisions in the rales; and & OA Nos. 774, 7795/2 2019 & 24/2023 3g). the applicants filed M.A.Nos.271/2021 and 2972/2021 seeking interim relief for keeping two posts of TOT for Science vacant, In view of revised Recruitment Rules for TOT teachers notified by the respondents on 25.01.2020, after hearing counsels for the parties on 06.05.2021 and in view of inclusion of the applicants in the provisional select ist for TOT and notification of the revised rules on 25.01.202 A during pendency of these OAs, interim relief was granted for keeping 2 posts of TGT in Science in Gujarati medium vacant till final disposal of these OAS.
RB. Respondents :
smu... th the reply and during arguments of their counsel, the respondents have contended as under:
3¢h). in response to advertisement dated 27.07, 2018 issued by Staff Selection Board, UT of DNH for filling up of regular posts of ROT and TGT, the applicants applied for the post of TOT and accordingly E- adinit cards were issued te them in which the first instruction was to inform them that their candidature is provisional. This step was taken in aceordance with the Dadra and Nagar Haveli Administration Asstt. Teacher (High Schoo!) Recruitment Rules, 2003 under w hich in Cohimn 8, educational and other qualifications for direct rec cruitment were provided as Bachelor's degree from a recognized Univer ity Le. Graduate with B.Ed in respective subject and medium Le. Gujarat, 9 OA Nos. 774, TIS 2019 & 24/2055 ee Marathi, Hindi and English. Science graduste with Bachelor of Education (B.Ed.) or its equivalent or four years integrated B.Se., B.Ed. or an equivalent course, etc, ations were received, the * Roard conducted Computer based Recruitment Test on (2°, 13") 26°) O38 and 28" December, 2018 without verification of documents as per svocedure of the Board for all examinations. 'The merit list declared initially was provisional clearly stating that the said list is subject to verification of relevant desuments ee AEE SS BA SRE re iment of requirements. The applicants had applied for the post nmicneumaeainanngton cua TOT In Seience subject with Guiaratl medium. From the declaration fled in and signed by the applicants themselves, the duly constituted bar erped documents verifying commities scrutinised their documents and found s -
3 that thelr medium of instraction in graduation was English and, ad therefore, they were found not eligible for TOT in Science subject with Guiarati medium;
3tD- principles of natural justice we re duly eqmplied with by issuing notice to the applicants and after granting them personal hearing before the Committee, 'Thus the Staff Selection Board sirictly fallawed she provisions of Reerultment Rule s without any relaxation to any class, eategary or to any individual candidate. The entire selection process was oy at completed and for the remaining vacant pests of TOT and PGT, a fresh Sat a 10 OA Nos. 774, TIS2G19 & 2420 33 advertisement was issued again on 25.01.2020 and 'both Union Territories of DNH came to be merged for? 2601.2 3(k}. in pursuance to the advertisement of 29.01.2020, the applicant In OLA.774/2019 Shri Vimalbhai A. Patel also a oplied for the post of TGT in Gujarati medium. However, the applicant in O.A.779/2019 Shri Manojkumar 1 Patel did not apply for the post of TGT Science in Gujarat] medium. In view of these facts, the 'Tribunal directed on 06.05.2021 to keep two posts of TGT vacant UN final disposal of these 2 OAs; 3c}. The claim of the applicants that they were duly selected for "estnvenstntnsinnsnins wthe.post.of GT Science in Guiarati medium is totally wrong and, therefore, the O.A. should be dismissed om this ground. Because of large number of applications received by the StalY Selection Board, computer based recruitment test was conducted on 12°, 13") 26", 27" and 28" December, 2018 without verifying documents of candidates as per procedure of the Board for all examinations, 'The provisional merit Hist declared was subject to verification of all relevant documents and fulfilment of all requirements. At the time of documents verification, the applicants were instructed to file declaration specifying the medium of instructions in their graduation and B.Ed. Degrees. Since their ataduation was not in Gujarati medium, the applicants could not be selected for the post of OA Nos. 774, TIQ019 & 24/2023 YO Science in Guaratl medium. The claim of the applicants is also €lse that some of the private respondents submitted false declaration about medium of instructions in their graduation and B.Ec d, Degrees as = wn Private respondents 10.4,6,8 and 9 have fled certificates issued by the Veer Narmad South Guiarat University and they have conipleted BSc. Degree In Gujarati medium; oo.
3(m)}. the appointment ef the applicants as Guest Faculty is not regular appointment and, theretore. the applicants' claim for their iS ks = x selection for the post of TOT Science su ibject in Gujarati medium based >.
applicants in the OAs are baseless and the selection of 34 sandidates for lle Bi ee eel ed a iti eetnapesyecayastueteeecnalsvanaeitenteittetne appointment to the post of TOT in various biects and media was done B pez) peo free.
oa my strictly as per the provision of the Recruitment Rules, 2003 and as per No.7, Mandakiniben Ishvarsinh Chauhan 3tp)}. Private respondent S and Private respondent No.i0 Falguni Ishwarsinh Ch jauhan have alse 4, fled their reply to the OLA. denying the allegations of the ¢ applica nis that they had submitted false dec jaration, They have contended that from 2003 onwards everytime recruliment to the posts oF TOT 'and POT were ons of those rules.
Laat ead a to ru tn £5 in "ey tG ong "eg yng, 3 mn, a2) 12 OA Nos.774, TIS/2019 & 242023 OABd/2023 Shri Vimalkumar A. Patel and Ms.Madhuri R. Patel have filed this O.A. on 10.01.2023 for setting aside action of the respondents for not appointing them after due selection on the post of TGT (Science) in Gujarati Medium and direction to the respondents to allow them to join on this post with effect from 21.10.2020; and review/srecall the order dated 06.03.2021 by which the respondents were directed to keep two posts of TOT Science vacant im so far as advertisement no.12 dated 25.01 2026 is concermed, 2 Summarized facts :
sosustnthniesiaivianiee 20) ee The applicant No.!] is a qualified te acher with B.Se., MSe. (B.Ed) degrees. The applicant no.2 is also qualified for appointment as Teacher with M.Sc; B.Ed, degrees. The applicant No.2 has also been working from 2014 on cantract basis sas POT. The Cs o-
> ce a a Ge £p oe Ss a bea oe respondents issued advertisement on 25.01.2020 invit ititig g applications for the post of TOT / Asstt, Teacher, Primary/Upper Primary Schools. There were 3 vacancies of TOT Science in Guiarat] Medium (1 SC and 2 UR}. Since the applicants were eligible, they applied for the post, written test was conducted and thereafter final selection panel was issued on 21.10.2022 after verification of educational qualifications and other documents by respondents. The list of selected candidates was notified in which the names of the applicants were at SrNov74 and 75 for agpointment as TGT Science in Gularati medium.
2(d). All Teachers. ex cept the Two applicants mentioned fn the select list have joined against the vacant posts. However, 3 selected:
* candidates for the post of TOT Science in Gujarati medium have not veer allowed to join after November, 2022 in view of arder of this Tribunal on interim relief an 06.08.2021 to keep the Ovo posits of TOT ay Scisnce In Gujarati medium vacant till disposal of these OAs. Since the $a applicants have been selected in pursuance of advertisement dated on the basis of interim relict granted In O.AL7 74/2019 and O.A.775/2019 setion process had been taken wp based on Redraliment Rules af 2002. Those OAs were not concerned with the selection made in parsuance of the adveriisement dated | 2s 25.01.2020 3 by UT Administration of DNE, Assistant Teacher: (High § chool) TOT Croup 'B (Non-Gazetted, Non-Ministerial) as per the Recrultment Rules, 26 20 notified on 24.0) 2020. Therefore, this GA. has been filed. had a Contentions of the applicants :
In the QO.A. and during arguments of their counsel, the Sia}. the order on interim relief dated 06.05.2021 was related to 2 he different selection process based om an advertisement issued in o OA oa S74, PPS R019 & 242083 pod, ie wie 2018 based on the Recruitment Rules of 2603. The selection of the present applicants has been made in pursuance of the advertisement dated 25.01.2020 based on Recruitment Rules notified on 24.01,2020. Therefore, the action of the respondents in not allowing the applicants to join on the ground that the interim relief granted by the Tribunal by order dated 06.05.2021 for keeping two posts of TGT Science Guiarati Medium vacant is not correct: Sib). the order of interim relief granted In O.ALT74/2019 and O.ATIS/ZOL9 on MA2T] and 272/2021 cannot be made applicable to selection of the applicants based on revised Recruitment Rules of 2020.
This action of the respondents is violative of Article 14,16 & 21 of the Constitution:
3{c}. the present applicants were never made a party respondents in earlier O.AT74 & 775/2019 and, therefore, the selection of the applicants cannot be stalled by Unking their selection with the talesiin relief granted in the earlier 2 QAs. The feibentee relief pranted by the 'Tribunal in those earlier two OAs was also not justified and, theref fore, this OLA. be allowed by vacating the interim relief and directing the respondents to issue appointment orders for the applicants. Contentions of the respondents no.] to 3:
In the reply and during avgume ents of thelr' cotnsel, they have contended that~ and OLA.T7S/2019 directed to keep vacant two posts of TOT Science subject in Gujarati medium ull disposal of those OAs. The applicants in = this CLA. Le. 34/2023 are among the selected candidates buf have not been offered appointment to the post of TOT Science subject in Gujarati
- medium in order te comply with the above directions of the Tribunal in mt the other bye CAs. Therefore, this O.A. and the other 2 OAs should be taken up for final hearing to avoid complications. Reeruliment process for TGT in Science subject with Gujarati medium under challenge in CLAP IA2OL9 and OLAJTTS S019 was in pursuance of : advertisement But the applicants in O.A.24/2023 have not been fered' appointment. although they have been selected in pursuance of advertisement dated 25.0).2020. The above scenario has happened beemuge of the order on interim relief in other two GLAS grante a on Lae Passes bens epee"2
ch poh 3 oa ae "
Pedi bere C3 és ot.
& ce) a 3 loge ith a oe at {t £9 ba Sot eg:
pear OR aera joe.
eee, wv os * "ey "ea gy ae oe SS Pa a ae.
on ne ee t% m4 4 have right of only consideration and against the just stand of the x Kor gh respondents, the applicants do not have any right enforceable under law, 'The advertisement issued on 29.01.2020 by Staff Selection Board, Dadra 5 & Nagar Haveli was to fll up sublectwise 125 posts of TOT. Those vacancies also included the pasts which became vacant subs sequent ta the advertisement of 27.07.2018 and also remained vacant during earlier 6 CA Nos. 774, TISQOL9 & 2202 selection process taken in 2019, That adv 'aptiserment dated 25,07. 2020 also inchided 3 vacant posts of TG x toed er pa tf "a eet Ly ee peel:
C5 Ab i oa SS 41d £5 fe 'amb oo og est ame AS Pa een rae medium (2 unreserved and | reserved for SC). Recommended list of 115 candidates was received on 21.10.2022. 'The interim order of the Tribunal in the other 2 OAs was to keep 2 posts of TOT Science subject in Gujarati medium vacant till disposal of those two OAs and, therefore, the present applicants in this O.A. could not be appointed: Sch}. the respondents have withheld appointment on 3 posts of TOT Science subject in Gujarad medium to avoid further complications in the form of Contempt of Court. The r espondents have not offered appointment to the applicants in O.A.24/2025, but they are selected against 3 vacant posts of TGT Science subject in Chyjaratl medium as per the advertisement dated 25.01.2020. Eligibility of the applicants in O.A.24/2023 and their recommendations for appointment fo the post of TOT Science subject in Gujarati medium is not under question by the respondents department/UT Administration, 3(g). private respondents no4 and | 5 in this OA. ate the piicants in O.A.774/2019 and O.A.7 72019. They have filed reply in *.
view of review sought of the order of the Tribunal dated 06.05.2021, on oe interim relief for keeping 2 posts ef TOT in Soience subject in Gujarati yedium. The present applicants in O.A.24/2023 cannot seek a review of the order dated 06.05.2021 passed in QUA.77: 4/2019 and O.A A FIS2019 » 24/202 ww OA 5 1.4and bot 2013 and po) Porn y ".
& Sa Berd oy aa bx Nest x ie respond ths s i S posts of TOT w sy > tr oe inabls.
a 5 mainia not ly = ing the aS Tey! a Bo 2 fied in disqualil ae dorerne Court AS et x nvel. When the present SHON ts course! as well m3 x he sub osition has er justi ofthe case and & ow p af a 5 & dered t s ge:
Ry eos sis were = ny of fret Owing ad pas is '¢ WX ject, the fol) a * ency ar int * a VEEL.
x 2 y Ay er, and d ' rejoins Es ¥ ity, inconsis * * n } x cS 'c Ad Sa ny are egal ug and arsurments < at of te wed appoinime ion and "had ae pati medion = 7 a om at th Cu tes on the 8 x mcid of ok 18 OA Nos. 774, 7IMENTG & 242085 Was initiated through Advertisement No.4 issued by the Stalf Selection Board of UT Administration of Dadra & Nagar Haveli, Silvassa dated 27,07, 2018. This advertisement was issued under provisions of Dadra and Nagar Haveli Administration Asstt. Teacher CHigh School) Reoruitment Rules, 2003. The method of recruitment, age Hmilt, qualifications etc and other matters was specified in C obits No{3) to (14) of Schedule attached to these rules and the age limit for direct recruitment was 21 to 35 years. For Assistant Teacher we eh School (TOTs) (Gujarati, Marathi, English and Hind: medium), these pasts are selection posis. The essential qualification specified was Bachelor's _legree. from a recognised University Le. Graduate with B.Ed in respective subject and medium Le. Gujarati, Marathi, Hindi and English.
< For Science and Maths, the qualification was Science erate with Bachelor of Education (B.Ed) or its equivalent or four y ears integrated Buds. BLEd. or an equivalent course, 4(d}. The advertisement issued on 27.07.2018 contained the above qualifications mentioned under the Recruitment Rates, 2003. The essential requirement of qualification mentioned in the advertisement was the same as provided under the Recrudtment Rules of 2003. Online applications were invited on website of the Staff Selection Board, 4{e). In response to the above mentioned advertisems ent, the present applicants applied for the post of TG, Science subject in 9 OANos.774, TIS/2019 & 24/202 23 Gularati medium. The admis cards were issued to them, [In the admit eards there was a declaration to be made by the applicants that he/she all the conditions of eligibility regarding age limit and + educational qualification and other qualification for the post of Trained Graduate Teacher (DN as Since a large number of applicalions were received, the Board conducted Conrputer based Recruitment Test on 12", ev a hs got 26°, 27° and 28" December, 2018 without verification of docurrents as per procedure of the Board forall examinations. Ad. Based on it, provisional merit list for the post of TOT Py » Seience subject in Guiarati medium was published by the Stall Selection _Reard in which names of the present two applicanis were included, At the enc of the provisional ment list, a Note was thers stating that the merit list is provisional and subject to verifleation of all relevant x documents and fulfilment of all sequirements. Th us in thes > applications the apolicants had declared that they were fully qualified | for the past o TGY Seience sublect in Gujarati medium and they possessed all the requirements of eligibuny, dig). Before verifying the documents of the can sdidate 38 included in the provisional merit list, they ¥ asked to submit a declaration about language of medium of in Graduation and in Degree in the Teaching Education, That declaration also Included a sentence about agreement of the candidate that in the event in finure if it is established 20 GA Mos. 774, PIS2019 & 24/2023 that above information giv 'en in the declaration is incorrect, legal action may be taken against himsher. In the declaration submitted by these two applicants, they submitted that medium of instruction in their Graduation was English and in B.Ed. Degree it was Gujarati. Ah). Based on these declarations, when the documents submitted
-by them before the examination were verified by a Documents Verification Committee it was found that their medium of | instruction in Graduation was English and, therefore, they were found not eligible for the post of TGT in Science subject with Gujaratl medium. The respondents have explained that while doing this principles of nanaral ssn justice were duly complied by issuing notice to the applicants and granting them personal hearing before that Comuniviee: The Staff Selection Board strictly followed the existing Recruitment Rules with no relaxation to any class/category or to any individual candidate eS. Ip view of these above facts, the contention of fthea anplicanits that they were duly selected for the post of TOT Science subject in Gujarati medium is totally wrong. The contention and action at the respondents in this regard are correct and Justi i. 4(i). The contention of the applicants is that during their School Education upto 12" Standard the medium of instruction wa 'i Gujarati but thereafter in the area of UT of DNE, facility of Oraduation in Gularatl medium was not available, therefore, they completed their graduation ai OA Nos. 774, PPS 2018 & 242023 programme in English medium. However, this contention has to he ted against the fact that in the Recruitment Rules, 2002 and the fe va wy advertisement issued on 27.07.2018, the pasts of TOT in Science subject of with Gulsrati medium were nol reserved only for candidates of UT of DNE. As per the advertisernent, the selection process was open 16 Fos candidates not only from the LUT of ONE but fom other State B ro aa ae ae om ty as well, Therefore, if the faeility of graduation in Gujarah medium was not available within the territery af DNH, and the applicants wished to ecruited as TOT Selence in Gujarati medium under the Recruitment se ee ry} Rules, 2003, they could have acquired their Graduation degree in ¢ Gujarati medium from Colleges in adjacent State of Gujarat and UT of eae Daman and Diu. Therefore, (his contention of the applicants does not 4p). The applicants' next conterition is that si es S instructions in Graduation degree was not Gujarati language, the stipulation in the Recruitment Rules and in the advertisement PAHUTINg Chverati as medium of instructions in Graduation Deg: ee, the Recrtiiiment Rules are bad In law. Newever, this contention also has ne merit. These Reeraitment Rules were notified in 200% and thereafter reonitment of POTs for Science subject in Crujaratl medium as well as in Marathi, Hindi and English medium has been going on from time to time.
@ thelr medium of 22 OA Nos. 774, TISQG19 & 24/202 Ack). The next contention of the applicants is their allegation that some of the private respondents in these GAs submitted false declaration about their medium as Gujarati in both Graduation and B.Ed, Degrees. The private respondents No4,6,7.8 and 9 have gubmitied their certificates issued by Veer Narmad South Gujarat University, Surat for having completed their B.Sc. degree in Gujarati medium. The Private respondents no.7 and 10 in their reply have also strongly denied this allegation of the applicants, and contended that the Recruitment Rules, 2003 have heen in operation since 2003 and have never been struck down or overruled by order of any Court. Therefore, advertisement for reeruliment of TGY Science in Gujarati medium issued by the Stalf Selection Board was wholly as per the provisions of those rules and there is nothing bad in those rules.
In view of the replies of some of the private respondents and submission of Degree Certificates by them to the respondents at the time of documents verification, the respondents did not find anything wrong in their declarations and dacuments submitted by them. AQ}. The applicants have alsa conten ade ed that the respondents have mechanically and wrongly rejected their candidature without application of mind. 'This contention is totally false. Their firther contention that they have been working as Science teachers an contract basis / guest faculty basis and, therefore, the respondents should have 23 ANas. 774, 7ISZD19 & 94/2023 selected them also has no merit as thelr engagement on contractual or guest faoulty basis did not have the same qualifications. dim). The rellanes of the applicants on Supreme Court decision in _ Wrht Petitions (C} No d3i48 to [3287/2983 [G.8. Lamba and others Vs. Union of India and others, (1985) 2 SCC G04] dated 22.03.1088 is
-ofno help to them. The main issue contested In those writ petitions was € about infers-se seniority of direct recrulis and promotees. Another issue dealt with in those petitions was about relaxation of provisions in the tic rules which can be exercised by the controlling authority. However, the at applicants carmot claim any benef from this decision because they have ws not broueht on record any request made by them for relaxation of requirement of Gujarati medium of instructions in Graduation Degree as = yell as BEd. Degrees. The respondents did not grant any any kind to amy candidates.
dfn). The Supreme Court decision ty case of K. SManjusree Vs. State of Andhra Pradesh and another dated 15.02, 2008 2008) i SCC G.&8) S41] is also of no help to the applicants because the facts and issue deall with in that case was about prescription of minimum qualifying marks in the written examination as well as interview. §{a}. The respondents have also explained that in pursuance of 4 subsequent advertisement dated 25.01.2020 issued under the revised » Rearuitment Rules notified on 24.01.2020. the applicant in
- : TERN RERRRIRRNNS ts Cr Hee ANos. 734, 77SZO18 & 2s 42023 OATT4/2019 Le, Shri Vimalbhai Ashokbhai Patel has applied but not selected and the applicant in O.A 79512019 ie. Shri Manoikumer Ishwarbhai Patel has not applied for the post of TGT Science subject in Gujarati medium, dip). In view of the above analysis of the rules and facts, we conchide that the selection process conducted by the respondents was strictly as per provisions of Recruitment Rules, 2003 and advertisement dated 27.07.2018 and disqualification of the applicants for nor possession of Graduation degree in Gujarati medium, was fully justified. 4(q). Except mentioning that the facitiey of Graduation in Science subject.in Gujarati medium was not available within the area of UT of DINH, the applicants have totally failed im pointing out any illegality, infirmity and inconsistency In the Recruitment Rules for TG 313 noted in 2003. Just because they got disqualified during the recruitment process, they cannot seek setting aside of the Ree ruitment Rules which have been in operation since 2003 and, therefore, their allegation in the As that those Recruitment Rules are totally absurd, rogic cal and unconstitutional Js totally baseless and it is only a reflection of poor thought process in drafting of these OAs. 4{r). The challenge by the applicants to the Recruitment Rules of 2003 for TOT and advertisement for the post of TGT Science subject in Gujarati medium issued on 27.07.2018 by the Stai ff Selection Board of g 8 "
z q Xe ause. the ef we Pr TNH, Silvassa is al tas) = BS * at i themselves will dified at the es ISG x a Hy &.
+a go 2019, ¥ i these OAs in Nove t in Om Prakash Shukla Vas.
*
2. LOH » i :
xt dec 9 As per Supreme Cot niber, aes SARS Akhilesh Kumar Shukla dated 18.03.1986 (1986 ATR 1045), 1d referred to o
-
As only ese OQ:
ere not sel ¥ when they WW ecested. Therefor <2.
wy ae 43 aL be A % * ase 2 QAS cant Hh rot t RO ¢ SPT at TE wt & Y x 5 PACR * e distnissed and the i %:
Ew te d- deserve to yy ane OAS Sk x < iS s OAs have no mer a t IOS OG ee RaSh aaho a 4 Re * hese 2 ip TOD elect VARATOLS after the dacuments, at a iy TU a * kumar A. Patel terre ¢ i sed ty f a € * + ie the responds 01.202 8 ara Pa gations an x eos mn up > % SS 2 wah pea?
: Aled by Sho V * dated > ty Advertisement No.l?
SPOGRSS w & Ny ibnent se recrul sed Reeruitment Rules for TOT Ow tae a x A wadhurt R. Patel ci 1G.2022 in :
z 5 eek a OM > N
5.
| was issued by the respondent & Oa ¥ & CARRERE OR . .SSISEFET which these applicanis were at Sr.No.74 and 75. However, contention of the applicants in this OLA. is correet that they have been selected as TGT Science subject in Gujarati medium under the new rales notified on 24.01.2020 and in pursuance ta advertisement dated 25.01.2020. Therefore, their appointment should not have been denied by the respondents through their letter dated 05.12.2022 in view of interim relief granted by the Tribunal in the order dated 06.05.2021 to keep vacant two posts of TGT Science subject in Gujarati me edium vacant till disposal of both the OAs. Since the 2 OAs Na.774 & FISOL9 had ra challenged non-selection of the applicants therein based on the _. advertisement issued on 27.07.2018, the appointments of the present applicants in this OLA. should not have bee ni linked w ith the interim relief granted in those 2 OAs. There spondents | in their reply have also explained that the applicants in this OA who have been duly selected and included in the selection panel dated 21.10.2022 for the vacant post of OT Seience subject in Gujarati medium in pursuance to advertisement dated 25.01.2020 as per the provisions of revised Recruitment Rules dated 24.01.2020. However, only because of the interim relief granted by the Tribunal in its order dated 06.05.2021 in those 2 OAs to avoid any complications such as the Contempt of Court, the rn espondents have not Pad = yet issued their appoiniment orders, oe R yect i s a * nce sub Sees ox 2020 for TOT * vie OL, ivert a ce SuaNnCe LG a ":
pee sued the "
SVE TOL 1S 2 as $ sah the respondent > € Perum.
f the = wed, < x y *.
esto be @ <4 Ne UR:
MEET anid I x * S27 Hemece this OLA. be » ry Lanse Deois and ' :
<S ief oranterl Sx ~asnondents are directed to 2 %. ~ me T rar, peered ¥ in th x x w the ae:
OR re + } od Ls ¢ a 'ine:
plica x for the ap et o ub orders THM AS ai Yara: me i KS in OR Feat in ae He 1.1Q.2022, i notified on 2
-
MAG. Sewlikar) Member O).
(Tuatics on 'Dy Bhasin Sahay Member {A} ( * ved poke