Central Administrative Tribunal - Delhi
Sanjay Singh vs Govt. Of Nctd on 8 May, 2025
1
Item No. 36 (C-4) O.A No. 256/2018
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
O.A. No. 256/2018
Reserved on : 05.05.2025
Pronounced on : 08.05.2025
Hon'ble Ms. Harvinder Kaur Oberoi, Member (J)
Hon'ble Dr. Sumeet Jerath, Member (A)
Sanjay Singh
S/o Sh. Satya Pal Singh
R/o B-3, Main Kardam Farm Road, Johripur,
Delhi - 110 094.
Aged about 34 years
(Group 'B')
(Candidate to the post of TGT (Computer Science)
....Applicant
(By Advocate : Mr. Ajesh Luthra)
Versus
1. Govt. of NCT of Delhi
Through its Chief Secretary
A-Wing, 5th Floor,
Delhi Secretariat, I.P. Estate,
New Delhi.
2. Delhi Subordinate Services Selection Board (DSSSB)
Through its Chairman,
FC-18, Karkardooma Institutional Area,
Delhi-92.
3. The Director
Directorate of Education,
Govt. of NCT of Delhi
Old Secretariat, Delhi-54 ....Respondents
(By Advocate : Mr. Raghav Tyagi)
2 OA No. 256/2018
Item 36 (C-4)
ORDER
Hon'ble Dr. Sumeet Jerath, Member (A):
The instant OA has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, seeking the following reliefs :-
"8. Relief:-
a) Quash and set aside the impugned order/action of the respondents placing the applicant in the Rejection Notice No. 209 dated 10/11/2017 (Annexure A/1).
b) Direct the respondents to consider the applicant's case for relaxation in terms of the relaxation provisions contained in the Recruitment Rules and so mentioned in the advertisement itself and appoint the applicant to the post of TGT (Computer Science) (Post Code 192/14)
c) Accord all consequential benefits including monetary and seniority benefits;
d) Award costs of the proceedings; and
e) Pass any order/relief/direction(s) as this Hon'ble Tribunal may deem fit and proper in the interests of justice in favour of the applicant.
9. INTERIM RELIEF:
Pending decision in OA, this Hon'ble Tribunal may graciously be pleased to direct the respondents to keep one post of TGT (Computer Science) (Post Code 192/14) in SC category reserve for the applicant, by way of an ex-parte ad-interim order."
2. The factual matrix of the case as per the counsel of the applicant is that in response to an advertisement to fill up various posts of TGT (Computer Science) (Post Code 192/14), the applicant who belongs to SC category applied for the same. He participated in 3 OA No. 256/2018 Item 36 (C-4) the written exam conducted on 21.05.2017 where he obtained 83.50 marks. Thereafter on 21.09.2017 the applicant preferred a representation seeking relaxation in qualifications in terms of the provisions of the advertisement wherein he stated that he is a B.Tech (Electronics and Communication Technology) qualified candidate.
However, the Recruitment Rules provide for graduation in Computer Science or B.Tech in Computer Science/Information Technology. He also stated that no equivalent qualification was made admissible in the advertisement. However, the Note in the Recruitment Rules provided that the qualifications are relaxable at the discretion of the competent authority. He preferred one more representation on 13.11.2017 seeking the same relaxation. However, without considering his representations, the candidature of the applicant was rejected vide order dated 10.11.2017. Aggrieved by the same, the applicant has approached this Tribunal by way of the present OA.
3. The counsel of the applicant argued using the following grounds :-
"(i) The Recruitment Rules specifically provide for relaxation in cases of candidates otherwise well qualified. The applicant is a well-qualified candidate. The applicant is B. Tech in Electronics and Communication Technology. However, in the Recruitment Rules B. Tech with Computer Science or Information Technology is mentioned towards eligibility. In his B. Tech course, the applicant has studied total 29 Computer Science subjects as main subjects in all the 4 years of his B. Tech graduation.
Since, the Recruitment Rules do not recognise any equivalent course, 4 OA No. 256/2018 Item 36 (C-4) the applicant has been constrained to seek relaxation in terms of the relaxation clause mentioned in the Recruitment Rules. However, the representation has not been considered at all and he has been wrongly and illegally rejected.
(ii) The applicant is B. Tech (Electronics and Communication Engineering) which is much higher degree than the 'A' Level Course. The syllabus of DOEACC course has already been undertaken by the applicant in his B. Tech qualification.
(iii) The applicant is fully eligible for the post in question. He has obtained a very high merit in the written examination.
(iv) The respondents are in the process of appointing others including less meritorious candidates, to the exclusion of the applicant. Hence, an urgent indulgence is sought for."
4. Per contra, counsel of the respondent no. 2-DSSSB opposed the OA and the above arguments of the other side on the ground that eligibility conditions laid down in Recruitment Rules (RRs) do not provide any equivalence to B.Tech (Computer Science and Information Technology) and the qualification of B.Tech in Electronics and Communication Engineering acquired by the applicant is not commensurate with the eligibility conditions as per RRs hence, his candidature for the post in question was rejected. Learned counsel further averred that the Board strictly processed the results for the post of TGT (Computer Science) under Post Code-192/14 as per the eligibility conditions prescribed in the Recruitment Rules as well as in the advertisement No.01/14 which is reproduced as under :-
"Bachelors Degree in Computer Application (BCA) from a recognized university; OR 5 OA No. 256/2018 Item 36 (C-4) Graduation in Computer Science from a recognized University (provided that the Computer Science subject must be studied in all years as main subject); OR B.E./B.Tech (Computer Science/ Information Technology) from a recognized University; OR Graduation in any subject and 'A' Level course from DOEACC, Ministry of Information and Technology, Govt. of India."
Also upon scrutiny of the documents uploaded by the applicant on the e- dossier portal, it was found that he acquired his qualification in B.Tech in Electronics & Communication Engineering from Guru Govind Singh Indraprastha University. He added that as the applicant does not possess the requisite qualification as per the Recruitment Rules which did not provide any equivalence to B.E./B.Tech in Computer Science and Information Technology and the qualification B.Tech in Electronics & Communication Engineering is not commensurate with the eligibility conditions as per RR. Thus, his candidature was rejected. Further, according to the counsel the Board had no role to play since the DSSSB is only a recruiting agency and the matter related to interpretation of Recruitment Rules and grant of relaxation, thus it fell under the domain of User Department, i.e., respondent No.3. Moreover, the Board processed the results strictly as per the eligibility conditions laid down in the Recruitment Rules and as per merit.
The counter filed by the counsel representing respondent no.3 - Directorate of Education stated that their role would start only after they receive the dossier of the selected candidates from the recruiting agency i.e., Respondent No.2-DSSSB. It is also stated that the selection process 6 OA No. 256/2018 Item 36 (C-4) of Respondent No.2 (DSSSB) has been challenged by the applicant. Moreover, they have already requested the respondent no.2 DSSSB vide letter No. DE.4/1/(179)/E-IV/Court Case/2018/6933-35 dated 13-08-2018, to defend the said matter as R-3-Directorate of Education is only a performa party in this matter.
5. We have given our thoughtful consideration to the rival submissions ; examined the documents on record and perused the judgment given by us in OA No. 703/2023 dated 04.02.2025 (which is identical to the instant OA) where the OA was allowed. In that OA a similarly situated applicant was an aspirant for the post of TGT (Computer Science) (Post Code-91/20) and had done his graduation degree B.Sc (Computer Science), Statistics and Mathematics from Punjabi University, Patiala and studied the following subjects of Computer Science in his three year course :-
"i) Introduction to Information Technology and Computer Programming using C (in theory) and Software Lab-1 (practical) in Semester-1;
(ii) Object Oriented Programming using C++, Management Information System (in theory) and Software Lab-II (Programming in Item 24 (C-4) C++ (Practical) in Semester 11;
(iii) Data Structure and Data Base Management System (in theory) and Software Lab-III (in practical) in Semester IIII;
(iv) Operating Systems, ASP. NET (in theory) and Software Lab-IV (in practical) in Semester IV;
(v) Computer Networks and Data Communication and Visual Programming (in theory) and Software Lab-V (Practical based on Visual Programming) (in practical) in Semester V and 7 OA No. 256/2018 Item 36 (C-4)
(vi) In Semester VI, he studied Oracle and Software Engineering (in theory) and Software Lab-VI (Practical based on Oracle) (in practical)."
6. In the instant OA we have observed that the applicant has inter alia studied the following subjects of Computer Science in his four year course :-
1st year :
1. Introduction to Computers (ETCS 109)
2. Introduction to Computers Lab. (ETCS 155)
3. Programming & AutoCAD (ETCS 108)
4. Programming & AutoCAD (ETCS 156) Total = 4 Subjects in 1st year 2nd year :
1. Object Oriented Programming (ETCS 209)
2. Object Oriented Programming Lab. (ETCS 255)
3. Foundations of Computer Science (ETCS 207)
4. Data Structures (ETCS 211)
5. Data Structures Lab. (ETCS 257)
6. Computer Graphics & Multimedia (ETCS 210)
7. Computer Graphics & Multimedia Lab (ETCS 258)
8. Operating Systems & Systems Programming -1 (ETCS 212)
9. Operating Systems& Systems Programming - I Lab (ETCS 260) Total =9 Subjects in 2nd year 8 OA No. 256/2018 Item 36 (C-4) 3rd year :
1. Computer Architecture (ETCS 305)
2. Computer Architecture Lab (ETCS 355)
3. Data Base Management System (ETCS 309)
4. Data Base Management System Lab (ETCS 359)
5. Programming I Lab (ORCAD) (ETCS 361)
6. Microprocessor System -1 (ETCS 303)
7. Microprocessor System -1 Lab. (ETEC 353)
8. Microprocessor System -II (ETEC 302)
9. Microprocessor System -II Lab (ETEC 352)
10. Data Communication Networks (ETEC 308)
11. Data Communication Networks Lab (ETEC 358) Total 11 Subjects in 3rd year 4th year :
1. Network Technology (ETEC 405)
2. Network Technology Lab (ETEC 455)
3. Software Engineering (ETCS 403)
4. Software Engineering Lab (ETCS 453) Total = 5 Subjects in 4th year Total = 4+9+11+5=29 subjects in all 4 years He has thus studied 29 Computer Science subjects during his four year course and is thus more than qualified and equipped to teach the secondary level students as TGT (Computer Science). 9 OA No. 256/2018
Item 36 (C-4)
7. We have observed that the Essential qualifications mentioned in the Advertisement for TGT (Computer Science) Post Code : 192/14 are as follows :-
" Post Code:192/14 TGT (COMPUTER SCIENCE) in DIRECTORATE OF EDUCATION No. of Vacancies: Total -2026 (UR-1025,OBC-547,SC- 303,ST-151) including PH-60 (OH-30 (OA, OL), HH-30) Essential Qualification: Essential: 1. Bachelors Degree in Computer Application (BCA) from a recognized University. OR Graduation in computer Science from a recognized University. (Provided that the Computer Science subject must be studied in all years as main subject). OR BE/ B. Tech. (Computer Science/Information Technology) from a recognized University. OR Graduation In any subject and 'A' level course from DOEACC, Ministry of Information & Communication and Technology, Govt. of India Note: Qualifications are relaxable at the discretion of the Competent Authority for reasons to be recorded in writing, in the case of candidates otherwise well qualified.
Pay Scale: Rs.9300-34800+Grade Pay Rs. 4600/-
Age Limit: 30 years (relaxation in upper age limit available to: SC-05 years, ST-05 years, OBC-03 years, PH-10 years, PH & SC/ST-15 years, PH & OBC-13 years, for Govt. servants up to 5 years in accordance with the instructions or orders issued by Central Govt.).
This post is identified suitable for PH (OH, HH) persons only as per the requisition of the User Department.
R. No. F.DE.TGT (CS)/E-IV/REQ/2013/7189 dated 13/12/13."
8. The applicant's case is covered under graduation in Computer Science from a recognised University (provided that the computer science subject must be studied in all years as main subject). The applicant holds a B.Tech degree (Electronics and 10 OA No. 256/2018 Item 36 (C-4) Communication Engineering and Technology from Guru Gobind Singh Indraprastha University and he has studied Computer Science subjects in all the four years of his B.Tech course.
9. In the light of the above, we are of the considered opinion that the balance of convenience in this case clearly lies with the applicant. Having merit, the instant OA deserves to be allowed and the same is accordingly allowed. We quash and set aside the impugned rejection Notice No. 209 dated 10.11.2017 in so far as the applicant's case is concerned and direct respondent no. 2 - DSSSB to forward the dossier of the applicant to respondent no. 3 - Directorate of Education for considering the candidature of the applicant for appointment to the post of TGT (Computer Science) (Post Code No. 91/20) as he has already been found meritorious having scored 83.5 marks in the SC category.
The above exercise shall be completed within a period of two months from the date of receipt of a certified copy of this order. It is needless to mention that after his appointment the applicant would be entitled for all the notional benefits like fixation of pay and allowances and seniority. However, there will be no payment of any arrears of pay and allowances on the principle of 'No work no pay'.
There shall be no order as to costs.
(Dr. Sumeet Jerath) (Harvinder Kaur Oberoi)
Member (A) Member (J)
/Mbt/