Central Administrative Tribunal - Ernakulam
Noorul Hassan U vs The Administrator on 5 August, 2010
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Application No. 389 of 2010
Thursday, this the 5th day of August, 2010
CORAM:
Hon'ble Mr. Justice K. Thankappan, Judicial Member
Hon'ble Mr. K. George Joseph, Administrative Member
Noorul Hassan U,
Ummaroda House,
Kavaratti Island,
Lakshadweep ..... Applicant.
(By Advocate Mr. S. Arunraj)
v e r s u s
1. The Administrator,
Union Territory of Lakshadweep,
Kavaratti.
2. The Secretary (Education),
Department of Education,
Union Territory of Lakshadweep.
3. The Director of Education,
Department of Education,
Union Territory of Lakshadweep,
Kavaratti.
4. The Principal,
District Institute of Education and Training,
Department of Education,
Union Territory of Lakshadweep.
5. Shershad Khan M,
Maral House, Kalpeni,
Union Territory of Lakshadweep.
6. Bushra K,
U.D. Clerk, Electrical Division, Kavaratti,
Union Territory of Lakshadweep.
7. Noorul Huda S.M,
S/o. Pookoya Meriyammada,
Suhara Manzil, Andrott,
Lakshadweep. ..... Respondents.
(By Advocate : Mr. S. Radhakrishnan (R1-4)
Mr. M.V. Thamban (R5)
Mr. T.K. Saidalikutty (R7)
The application having been heard on 29.07.2010, the Tribunal on
05.08.10 delivered the following:
O R D E R
Hon'ble Mr. K. George Joseph, Administrative Member This O.A. is filed by the applicant for the following reliefs:
(i) To call for the records leading to the issuance of Annexure A-10 selection list issued by the 4th respondent to the extent of selection to the post of lecturer (Hindi) pursuant to Annexure A-1 notification and to quash the same;
(ii)To declare that the experience stipulated in Annexure A-2 recruitment rules (Schedule 3) to the post of Lecturer (Teacher Education) is essential apart from the education qualification prescribed as per the RR to become qualified/eligible to the post of Lecturer (Teacher Education);
(iii)Direct the respondents 1 to 4 to make selection to the post of Lecturer (Hindi) under the District Institute of Education and Training, Department of Education, Lakshadweep, pursuant to Annexure A-1 notification strictly complying with the essential qualification and experience prescribed as per the A-1 notification and A-2 recruitment rules.
2. The applicant challenges the selection made by the respondents to the post of Lecturer (Hindi)under the District Institute of Education and Training (DIET, for short), Department of Education, Lakshadweep. The Annexure A-1 notification and the recruitment rules prescribe the essential qualification and the essential experience to the post of Lecturer (Hindi) under DIET. The contention of the applicant is that the 5th and 6th respondents who are included in the select list and the wait list respectively to the post of lecturer (Hindi) do not have the essential experience prescribed under the notification and the recruitment rules in order to become eligible/qualified to the above post. The Lecturer post in DIET is being filled to give training to teachers in Education Department. The experience in teaching is very essential for the Lecturer post as the training has to be given to the teachers. The official respondents have overlooked this aspect while making selection to the post of Lecturer (Hindi). The applicant has got experience in the field of teaching as Post Graduate Teacher (Hindi) in Government Senior Secondary School from June, 2006 onwards. Prior to that, the applicant also worked in the post of Trained Graduate Teacher for the period from 28th July, 2005 to 31st March, 2006. The applicant has the essential qualification and experience prescribed by the recruitment rules for the post of Lecturer (Hindi). However, he has not been selected by the respondent. Hence, this OA.
3. The respondents contested the O.A. In the reply statement filed by the respondents 1 to 4, it is submitted that the method of recruitment for the post in question is either on deputation from the teachers working in the schools in the islands or by direct recruitment limited to islanders. By notification dated 10.09.2009, an amendment to the recruitment rules was carried out adding the following sentences "preference will be given to those having M.Phil or P.hd" in column 7 and "direct recruitment limited to islanders" in column 9 of the existing RR dated 15.01.2008. The experience prescribed in the schedule annexed to Annexure A-1 notice is not an essential qualification as averred by the applicant and the same is not actually meant for direct recruitment, but for deputation. When the recruitment rules were amended to incorporate direct recruitment, it was not specifically clarified that instead of experience the additional qualification of M.Phil or P.hd was prescribed for direct recruitment. Out of the 16 candidates called for interview held on 21.04.2010, 10 candidates including the applicant attended it. After the recommendation of the interview Board , the select list was published on 22.04.2010. The prescription of minimum 3 years experience in teaching is actually meant for teachers who are to be considered for recruitment by way of deputation. The applicant is also not having the requisite experience of teaching in the preferred discipline viz. Elementary School/Teacher Education Institute (TEI) or Elementary Teacher Education Institute (ETEI). The certificates produced by the applicant speak of teaching experience of about 45 months in Secondary and Senior Secondary Schools. It is also submitted on behalf of the official respondents that the Administrator, Union Territory of Lakshadweep is the only constitutional authority fully competent to frame or amend the recruitment rules for Group-B and C categories of posts. The post of Lecturer in DIET is meant to train different categories of teachers mainly Primary School Teachers, Trained Graduate Teachers and Post Graduate Teachers, besides arranging awareness classes among others who are directly and indirectly involved in the field of education with the ultimate aim to improve the quality of education in Union Territory of Lakshadweep. The selected candidates will have to function as Trainer's Trainer for which those with the best academic talent and excellence have to be selected. The selection of the 5th respondent is only based on his over all merit and not based on any other consideration. A score sheet was drawn up by the Board based on the academic qualification, experience and performance in personal interview of each candidate. The 5th respondent scores zero point in experience whereas the applicant was awarded 04.50 points for the same. The selection of 5th respondent possessing the preferred higher qualification of M.Phil against the one notified vacancy of Lecturer (Teacher Education) in Hindi is only based on his over all merit. In the light of the facts and circumstances as above, the applicant has no legal claim or enforceable right to challenge the selection the 5th respondent. Therefore, the O.A. should be dismissed.
4. In the reply statement filed on behalf of the 5th respondent, it was submitted that he was fully qualified for the post of Lecturer (Hindi) under the DIET, having the qualifications of M.A. and M.Phil in Hindi. The applicant does not have the experience prescribed in Annexure A-2 recruitment rules. He has experience as Trained Graduate Teacher in Hindi in Secondary School as also as Post Graduate Teacher in Senior Secondary School. He has no experience at all in Elementary School/Teacher Education Institute (TEI) or Elementary Teacher Education Institute (ETEI). Therefore, the selection of the 5th respondent, who is having M.Phil degree is beyond challenge.
5. Arguments were heard and documents perused.
6. The issue to be decided in this O.A. is whether teaching experience of 3 years is essential for the selection to the post of Lecturer (Hindi) as per notification dated 23.09.2009 (Annexure A-1) and the recruitment rules dated 12.01.2008 (Annexure A-2). Annexure A/1 notice states that the educational qualification, experience etc. required for the posts are as per the relevant recruitment rules prescribed vide notification F.No.2/7/2007-DIET dated 12.01.2008 published vide Extra Ordinary Gazette Vol.XLIII dated 15th January, 2008 as amended vide notification F.No.2/7/2007-DIET dated 10.09.2009. The aforesaid A/1 notice is reproduced as under :
"F.No.2/7/2007-DIET(2) ADMINISTRATION OF THE UNION TERRITORY OF LAKSHADWEEP DISTRICT INSTITUTE OF EDUCATION AND TRAINING (DEPARTMENT OF EDUCATION) KAVARATTI ISLAND Dated 23rd September, 2009 NOTICE Sub: Department of Education - District Institute of Education & Training - Filling up the post of Lecturers - regarding.
Ten (10) posts of Lecturers, Group-B Non Gazetted in PB-2 Rs. 9300-34800 + GP Rs. 4800 (Rs. 6500-200-10500 PR) under the District Institute of Education and Training, Lakshadweep, are proposed to be filled up either on deputation among the teachers working under Lakshadweep Administration or by direct recruitment limited to Islanders. The educational qualification, experience etc. required for the posts as per the relevant recruitment rules prescribed vide notification F.No.2/7/2007-DIET dated 12.01.2008 published vide Extra Ordinary Gazette Vol.XLIII dated 15th January, 2008 as amended vide notification F.No.2/7/2007-DIET dated 10.09.2009 published vide Extra Ordinary Gazette Vol.XLV.No.38 dated 14.09.2009 is given in Annexure-I. The selection will be made strictly on academic merit and through a personal interview.
The interested local candidates, within the age of 18-35 years as on the last date fixed for the receipt of application (relaxable for specified categories as per rules) possessing the requisite qualifications, may submit their applications alongwith their CVs and copies of certificates (including mark statements of qualifying examinations) to prove their age and educational and professional qualifications etc., so as to reach the Principal, District Institute of Education & Training, DIET Building, Kavaratti, on or before 10th October, 2009. Applications received after the due date will not be considered.
This issues with the approval of Hon: Administrator vide Diary No.3026 dated 23.09.2009.
Sd/-
Radhey Shyam Director of Education For Secretary (Deducation)"
In the Annexure-I to the above notice, it is mentioned that "preference will be given to those having M.Phil or P.hd".
7. The relevant extract (column 7 - Schedule-III) from Annexure A/2 Notification dated 12.01.2008, is also reproduced as follows :
"7. Educational and other qualifications required :
Essential : (A) (i) Master Degree in Malayalam/ Arabic/English/ Hindi / History/ Economics or Geography / Physics/ Chemistry/ Botany / Zoology/ Mathematics.
(ii) M.Ed. Preferably with specialization in Elementary Educational or in-service/Continuing Education or Distance Education or Educational Extension O R Degree/Diploma/Certificate in Teacher Education (Preferably Elementary Teacher Education) O R Degree/Diploma/Certificate in Distance Education / Counting Education - Extension.
Experience : (i) At least 3 years experience of teaching in a School preferably Elementary School/TEI (preferably ETEI).
(ii) Experience of active involvement in (a) In-
service/Continuing/ Distance Education of Teachers and or
(b) Educational Extension."
8. Though the Annexures A-1 and A-2 speak of at least 3 years experience of teaching in a School preferably Elementary School/TEI (preferably ETEI), the point of contention is the essentiality of 3 years experience. A plain reading of the recruitment rules shows that it is mandatory. Rule-7 states that at least 3 years experience of teaching is required. The words 'at least' indicate the barest minimum and therefore, it is mandatory. The official respondents in their reply statement have admitted that when the recruitment rules were amended, it was not specifically clarified that instead of experience additional qualification of M.Phil or P.hd. was prescribed for direct recruitment. It is not in dispute that the Administrator is competent authority to frame recruitment rules and to prescribe various criteria to be adopted by the interview board. But once the recruitment rules are notified anything which is not in the recruitment rules cannot be read into it. The official respondents are bound to select candidates for appointment in accordance with the recruitment rules. Their stand that instead of experience additional qualification of M.Phil or P.hd is prescribed for direct recruitment is not tenable as there is no such provision in the recruitment rules. It is also to be kept in mind that DIET is meant for giving training to teachers. For a Lecturer in DIET, experience in teaching is very essential as he has to train the teachers. He is a trainer's trainer. Unless he has experience in teaching he will be lacking something which is essential to train the teachers.
9. In the notice dated 23.09.2009, it is stated, "The selection will be made strictly on academic merit and through a personal interview." This announcement is not in tune with the recruitment rules in so far as it is silent on the prescription of at least 3 years experience. If the intention of the respondents was to prescribe M.Phil or P.hd as preferred qualification for direct recruitment instead of experience, then that intention is not carried out in the modification of recruitment rules. Therefore, the recruitment rules stand as they are, with the mandatory three years experience. Whether it is wise to dispense with experience is to be pondered over by the respondents.
10. It is contended by the respondents that the applicant does not have the experience in teaching. Here again, a plain reading of the prescription of experience "at least 3 years experience of teaching in a School preferably Elementary School/TEI (preferably ETEI)" shows that experience in any School will do, but experience of teaching in Elementary School/TEI and in particular in ETEI is preferable. Therefore, it can be said that the applicant has got experience that can be taken into account. That is why he has been awarded 04.50 points on that count. Even then, in over all rating he was below the 5th and 6th respondents who do not have teaching experience.
11. As discussed above, teaching experience is a must for selection to the post of Lecturer (Hindi) in DIET in accordance with the recruitment rules. Although the respondent No. 1 is the competent authority to frame recruitment rules, he or the interview board headed by him cannot go against the notified recruitment rules in selecting candidates. Therefore, the O.A. is allowed to the extent indicated below:
12. Annexure A-10 select list F.No. 2/7/2007-DIET dated 22nd April, 2010, to the extent of selection to the post of Lecturer (Hindi) is quashed and set aside. The respondents 1 to 4 are directed to make selection to the post of Lecturer (Hindi) under the DIET, Department of Education, Lakshadweep, strictly in accordance with the recruitment rules.
13. No order as to costs.
(Dated, the 5th August, 2010)
K. GEORGE JOSEPH JUSTICE K. THANKAPPAN
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
cvr.