Central Administrative Tribunal - Delhi
Kanika vs M/O Health And Family Welfare on 16 April, 2024
1
O.A. No. 3228/2019
Item No. 86
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
O.A. No. 3228/2019
This the 16th Day of April, 2024
Hon'ble Mr. Manish Garg, Member (J)
Hon'ble Mr. Chhabilendra Roul, Member (A)
Ms. Kanika Age 27 yrs. Gr.'B'
D/o. Sh. Anil Kumar
R/o. 4/1630, Mahavir Block,
Bhola Nath Nagar, Shahdara
Delhi-110 032 ....Applicant
(By Advocate : Mr. Apurb Lal)
Versus
Directorate of Health Services,
Through its Director,
Govt. of India, Lady Hardinge Medical
College & Smt. S. K. Hospital,
Shaheed Bhagat Singh Marg,
New Delhi-110 001. ...Respondent
(By Advocate : Mr. R. K. Jain)
ORDER (ORAL)
Hon'ble Mr. Manish Garg, Member (J) In the instant OA the applicant seeks the following reliefs:-
"8. The impugned order dated 30.08.2019 issued by the respondent may be quashed and consequently the applicant may be allowed to join duty to the said post of Medical Social Worker. In case, the said post is filled up 2 O.A. No. 3228/2019 Item No. 86 her name may be kept on the selected panel for future vacancy."
2. The sum and substance of the case narrated by the learned counsel for the applicant is that vide impugned order dated 30.08.2019, the candidature of the applicant was rejected for the post of Medical Social Worker on contract basis, which inter alia has been indicated as under :-
"This is with reference to the letter dated 22.8.19 regarding appointment to the post of Medical Social Worker on contract basis, you are hereby informed that your candidature is not being considered for the said post as you have not completed the essential qualification required for appointment to the post of Medical Social Worker on the last date of receipt of the application. This issues with the approval of Director."
3. He draws reference to the fact that as per the recruitment rules the following was prescribed qualifications :-
"3. Medical Social Worker - Essential : 1. Degree of a recognized University. 2. Diploma in Social work from a recognized Institution. Desirable : At least one year experience as Social Worker."
4. He also highlighted the Academic/Technical/Professional Qualifications which are quoted below :-
3O.A. No. 3228/2019 Item No. 86
"12. Academic/Technical/Professional Qualifications (beginning with matriculation Level) attach photocopies of certificates :
Exam Division Uni/Board Year Duration Percentage of Remarks Passed of marks Course obtained Academic 10th Third CBSE 2007 1 year 49% 12th Third CBSE 2009 1 year 48.2% BA Prog. Third DU 2015 3 years 39.41% MSW Second IGNOU 2018 2 years 54% "
nd As per the application form, in MSW he secured 2 division with 54% and the declaration dated 16.07.2018 was made on the date prior to the last date for submitting application. He further assailed page 24 of the paper book whereby the applicant was shown selected in the written examination at Sl. No. 2. Though she was a SC category candidate, she was provisionally selected as UR category candidate. The applicant's counsel would contend that rejection by the respondents is bad in law inasmuch as, they have rejected the claim stating that the applicant has not completed the essential qualification required for appointment to the post of Medical Social Worker on the last date of receipt of the application. He would rely upon the certificate issued by IGNOU on 07.03.2019 which reads as under :-
4O.A. No. 3228/2019 Item No. 86
"TO WHOM SO EVER IT MAY CONCERN This is to certify that Ms. Kanika is bonafide student of Master of Social Work programme (MSW) programme of this University bearing enrolment no. 163234496. She has successfully completed all theory courses except MSW-001 & 002 (project).
Further, it is also certified that the student has submitted project work MSWL-001 & 002 for June, 2019 Term-End- Examination the result of same is expected to be declared in the middle of August, 2019.
This certificate is being issued to the above student on her request letter dated 07.03.2019 for employment purpose.
Sd/-
(Rajbir Singh Dagar) Section Officer (Exam-III) Student Evaluation Division"
5. He further draws a reference that she was issued a mark sheet dated 16.07.2018 wherein Current grading card status as on June 21, 2018 has been given. He further assails that as per the mark sheet dated 20.08.2019, she had completed her course in June Examination, 2019 that is in MSW. He further assails that a provisional certificate was issued which reads as under :-
"PROVISIONAL CERTIFICATE 48460 This is to certify that KANIKA (Enrolment No. 163234496) has successfully completed the MASTER IN SOCIAL WORK in the examination held in JUNE-2019. 5 O.A. No. 3228/2019 Item No. 86 The grade card/statement of marks indicating details of grades/ marks has already been issued to the student.
Date : 20/08/19 sd/-
Registrar (SED)
(Valid till the original is issued at the next Convocation)"
6. He further states that pursuant to the aforesaid provisional certificate, following representation dated 22.08.2019 was made :-
"ANNEXURE-A7 To, The Deputy Director, Lady Hardinge Medical College, New Delhi.
Sub : Selection of Medical Social Worker. Sir, I was provisionally selected for this post of Medical Social Worker in the selection process provisionally due to non-apply of Mark sheet and Certificate for passing of certificate degree in MSW.
Now, the Indira Gandhi National Open University has issued me the Mark sheet and provisional Degree. I am enclosing the same as required by you. I may be allowed to join duty.
Sd/-
(Kanika) 4/1630, Mahavir Block, Bholanath Nagar, Shahdara, Dated : 22.08.2019 Delhi - 110 032"6
O.A. No. 3228/2019 Item No. 86 Therefore, he would contend that as per the closing date of the application, the applicant was eligible and therefore, she was provisionally selected.
7. Countering the contentions of the counsel for the applicant, counsel for the respondents would argue that the impugned order has been rightly passed by the competent authority based on the terms and conditions as stipulated in the advertisement. He further contends that the applicant did not fulfill the essential qualification and therefore, the provisional certificate was issued on 20.08.2019 i.e., much after the date of closing of the application dated 30.07.2018. He, further assails that the examination was held in the year 2019 and the result was declared as second division and certificate was issued. It is almost after more than one year that the result of the applicant has been declared for the examination of 2019 and it cannot co-relate and relate back to the advertisement whose closing date was on or before 30.07.2018.7
O.A. No. 3228/2019 Item No. 86
He further relies upon the submissions made in the counter affidavit and relied upon the recruitment rules which are applicable to both the parties.
8. Learned counsel in rejoinder to the arguments put forth and would press upon the fact that the essential qualification itself was not the eligibility criteria to determine the eligibility and the bachelor degree itself was sufficient enough.
9. We have heard counsel for the respective parties and perused the records available on record. On the facts narrated herein above, we find that as per the recruitment rules detailed above, the essential conditions were not only graduation but also diploma in Social Work. The applicant's counsel has failed to produce on record that the applicant was possessing the requisite qualification of diploma in Social Work or MSW or with degree on the closing date of application i.e., 30.07.2018. We also find that the provisional certificate, that has already been discussed in detail has also been issued with the MSW which was granted to the applicant in 2019 8 O.A. No. 3228/2019 Item No. 86 examination, which is much after one year of the closing of the advertisement.
10. In view of the above, we do not find any merit in the OA and the same is dismissed with no order as to costs.
(Chhabilendra Roul) (Manish Garg)
Member (A) Member (J)
/Mbt/