Central Administrative Tribunal - Kolkata
Amrin Nazneen vs A & N Administration on 23 July, 2025
1 OA. 351/01268/2019
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH, KOLKATA
(CIRCUIT SITTING AT PORT BLAIR)
No. O.A. 351/01268/2019 Heard on: 21.07.2025
Date of Order: 23.07.2025
Present: Hon'ble Ms. Urmita Datta (Sen), Judicial Member
Hon'ble Mr. Suchitto Kumar Das, Administrative Member
Kumari Amrin Nazneen,
Aged about 25 years,
D/o Shri Mohammed Iqbal.
R/o Dollygunj,
Port Blair - 744 103.
.........Applicant
-Versus-
1. The Union of India,
Service through the Secretary,
Ministry of Home Affairs,
North Block, Central Secretariat,
New Delhi - 110 001.
2. The Lieutenant Governor,
Raj Niwas,
Andaman & Nicobar Islands,
Port Blair.
3. The Andaman & Nicobar Administration,
Through the Chief Secretary,
Secretariat,
Port Blair.
4. The Deputy Commissioner,
South Andaman District,
Port Blair.
5. The Assistant Director (Admn.),
Office of the Deputy Commissioner.
South Andaman District.
Port Blair.
6. Shri Kiran Kumar,
S/o Manik Rao Aher,
R/o House No. 17 A,
Laxmi Nagar (24 Κ.Μ.),
Digitally signed by Shantanu Pramanik
DN: C=IN, O=Personal, T=6283, OID.2.5.4.65=
Shantanu
133598026844054409pZp0Sk77DU2VN1, Phone=
495dab51bd16f95eab3873746237af9545f09bb414
3baf81a658d7fbc937c888, PostalCode=712223, S=
West Bengal, SERIALNUMBER=
1d3af0fbe8dee56095510835a714afdf51d7f6d80c48
Pramanik
12359eaee8938da0637e, CN=Shantanu Pramanik
Reason: I am the author of this document
Location:
Date: 2025.07.23 18:18:56+05'30'
Foxit PDF Reader Version: 2025.1.0
2 OA. 351/01268/2019
Campbell Bay,
Great Nicobar - 744 103,
Posted in the office of Assistant
Commissioner (Settlement), Port Blair,
South Andaman.
7. Simran Amir,
D/o Tapan Kumar Mallick,
R/o Ograbraj,
Port Blair,
South Andaman,
Posted in the office of
Assistant Commissioner (Settlement),
Port Blair,
South Andaman.
............Respondents
For the Applicant : Ms. Anjili Nag, Counsel
For the Respondents : Dr. D. Chowdhury, Counsel
ORDER
Ms. Urmita Datta (Sen), Judicial Member:
The applicant has filed the instant Original Application under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief:-
"a) An order / orders/ direction / directions quashing the appointment order of the private respondents dated 28.05.2019 Or in the alternative the authorities be directed to recall the order dated 28.05.2019 and prepare a fresh offer of appointment including the name of the applicant.
b) An order / orders / direction / directions directing the respondent authorities to accept that the applicant has secured essential qualification in terms of the recruitment rule and therefore entitled to appoint to the post of Surveyor.Digitally signed by Shantanu Pramanik
DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= Shantanu 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb414 3baf81a658d7fbc937c888, PostalCode=712223, S= West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c48 Pramanik 12359eaee8938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.07.23 18:18:56+05'30' Foxit PDF Reader Version: 2025.1.0 3 OA. 351/01268/2019
c) An order / orders / direction / directions directing the respondent authorities to act in accordance with law.
d) An order to issue directing the respondent authorities to produce the records of the case before this Hon'ble Tribunal so that conscionable justice may be done.
e) Costs and incidentals of the application may be awarded to the applicant.
f) Such other or further order direction or directions, as your lordships deem fit and proper in the interest of justice."
2. The admitted facts that arise from pleadings are as under:-
As per the applicant, she being an aspiring candidate, had participated in a selection process against the Recruitment Notice dated 01.08.2018 for the post of Surveyor in the Revenue Department of Andaman & Nicobar Administration. In the said notification, a total number of 12 vacancies were notified (General - 06, OBC-04, ST-02) and the educational qualification has been stipulated as under:-
"Essential:-
1. Secondary School Examination (Xth Std) pass from a recognized board.
2. Two (2) year Diploma/Certificate Course in Surveying from any recognized Industrial Training Institute (ITI).
Desirable:
One year experience in the concerned line."
The applicant belongs to OBC category and in response to the aforesaid advertisement, she had applied for the post of Surveyor against her category and participated in the written examination held on 28.10.2018. Subsequently, the respondents published the merit Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= Shantanu 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb414 3baf81a658d7fbc937c888, PostalCode=712223, S= West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c48 Pramanik 12359eaee8938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.07.23 18:18:56+05'30' Foxit PDF Reader Version: 2025.1.0 4 OA. 351/01268/2019 list dated 06.11.2018 wherein the name of the applicant appeared at Srl. No. 05 in the overall merit list and she was placed at Srl. No. 02 out of 04 in the OBC category having secured 35.43 marks in the written examination. Thus, the applicant was in the zone of consideration. However, on the date of document verification, her candidature was not considered since she had completed one year certificate course. Thereafter, without publishing any final merit list after verification of documents, the respondents have issued appointment letters in favour of 11 candidates against total 12 vacancies vide Order No. 128 dated 28.05.2019 (Annexure A-10) wherein the name of the applicant did not reflect.
Being aggrieved with, the applicant has filed the instant Original Application.
3. It has been submitted by the Ld. Counsel for the applicant that the respondents were insisting her about 02 years certificate /Diploma Course as she was having certificate of one year course.
4. During the course of argument, Ld. Counsel for the applicant has drawn our attention to the communication from the Principal, Andaman & Nicobar Administration, Industrial Training Institute, Dollygunj, Port Blair addressed to the Director, Directorate of RD, PRIS & Urban Local Bodies, Zilla Niwas Complex, VIP Road, Port Blair dated 11/12-10-2017, which stipulates that the Sub-committee of National Council for Vocational Training (NCVT) on training norms and courses held on 2nd June, 2014, has decided that duration of the Surveyor trade under Craftsman Training Scheme has been reduced Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= Shantanu 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb414 3baf81a658d7fbc937c888, PostalCode=712223, S= West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c48 Pramanik 12359eaee8938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.07.23 18:18:56+05'30' Foxit PDF Reader Version: 2025.1.0
5 OA. 351/01268/2019 from 2 years to 1 year. Subsequently, vide another Order dated 17.10.2018, it has been clarified that in the academic year 2015, the NCVT/DGT, Ministry of Skill Development & Entrepreneurship, GoI had reduced the period of training to 01 year. Therefore from 2015 to 2017 (03 years), the trainees undergone training in Surveyor trade under CTS throughout India was for a period of 01 year. Now from the academic year 2018 onwards the training period again been reverted to 02 years by the NCVT. Further, it is submitted that from a bare perusal of the trade test certificate, it would be evident that the applicant passed the 01 year certificate course in the year 2016 (Annexure A-4). Therefore, the respondents cannot deny her candidature on the ground that she should possess 02 years certificate Diploma Course.
5. The respondents have filed their reply wherein they have stated that since the applicant is having 01 years certificate course from Industrial Training Institute, Dollygunj, therefore, the applicant was not found qualified for the post of Surveyor. The Respondent Nos. 06 and 07 being found possessing requisite qualification as per merit, they were appointed to the said posts.
6. The applicant has filed rejoinder and reiterated the averments made in the O.A.
7. We have heard the Ld. Counsel for the parties and perused the materials available on record.
8. It is noted that in the Notification, therein against the column, Essential Education Qualification, it was mentioned that "Two (02) Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= Shantanu 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb414 3baf81a658d7fbc937c888, PostalCode=712223, S= West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c48 Pramanik 12359eaee8938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.07.23 18:18:56+05'30' Foxit PDF Reader Version: 2025.1.0 6 OA. 351/01268/2019 year Diploma/Certificate Couse in surveying from any recognized Industrial Training Institute (ITI)". The respondents have sought for clarification from the Industrial Training Institute, Dollygunj with respect to recruitment for the post of Surveyor in the Agriculture Department, which was duly replied to by the Principal of the said Institution. The communication dated 11/12-10-2017 and 17.10.2018 is reproduced below for the sake of convenience:-
"F. No. 1-73/TRG/ITI/PB/2016/956 Dated: 11th/12th October, 2017 To The Director, Directorate of RD, PRIS & Urban Local Bodies, Zilla Niwas Complex, VIP Road, Port Blair Sub: Amendment of recruitment rules - reg.
Sir With reference to notification published in the Daily telegram dated
09.09.20 regarding recruitment rule of various posts under your department, it is informed that the Sub Committee of National Council for Vocational Training (NCVT) on training norms and course held on 2nd June, 2014 has been decided that duration of the Surveyor trade under Craftsman Training Scheme has been reduced from 2 years to 1 year. The copy of the syllabus is enclosed for your reference. The details of NCVT / GoI skill training schemes are as follows:
S. No. Name of the Scheme Course Duration Name of the Certificates 1 Craftsman Training 6 months to 2 National Trade Certificate Scheme years (NTC) 2 Apprenticeship 6 months to 3 National Apprenticeship Training Scheme (ATS) years Certificate (NAC) 3 Modular Employable 100 to 1200 hrs. National Certificate in Skills (MES) Modular Employable Skills (MES) Further it is stated that, the GoI was published National Skill Qualification Framework (NSQF) notification in the Gazette of India on 27th December, 2013 (Enclosed). The National Skills Qualification Framework (NSQF) organizes qualifications according to a series of levels of knowledge, skills and aptitude. These levels are defined in terms of learning outcomes which the learner must possess regardless of whether they were acquired through formal, non-formal or informal learning. As per the said gazette notification all the government organizations and Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= Shantanu 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb414 3baf81a658d7fbc937c888, PostalCode=712223, S= West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c48 Pramanik 12359eaee8938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.07.23 18:18:56+05'30' Foxit PDF Reader Version: 2025.1.0 7 OA. 351/01268/2019 public sector enterprises were required to define eligibility criteria for all positions in terms of NSQF levels by amending the RECRUITMENT RULES.
In this regard, this department requested to all the department of A&N Administration for suitable amendment in the requirement rules as per NSQF level vide letter no. 1 73/Trg/ITI/PB/2016/211 dated 12.02.2016.
In view of the above it is requested that kindly look into the matter for suitable amendment in the said recruitment rules as published in the Daily Telegrams.
If any further queries/clarification required, may kindly contact undersigned.
Yours faithfully Sd/-
(Venketesh.Ch.) Principal"
"F. No. 1-68/TRG/ITI/PB/2018 17th Oct, 2018 To The Director Directorate of Agriculture Andaman & Nicobar Administration Port Blair Sub: Recruitment for the post of Surveyor in Agriculture Department-
reg.
Sir, I am directed to inform that, the passed-out trainees of ITIs are approached this Institute regarding the issue of considering the one-year National Trace Certificate (NTC) holder in surveyor trade for the post of Surveyor in various departments under A & N Administration.
On the above issue it is stated that, Surveyor trade in ITIs is a full time certificate course under Craftsman Training Scheme (CTS) approved by National Council for Vocational Training (NCVT). NCVT is an advisory body set-up by the GoI. The council has been entrusted with responsibilities of prescribing standards and curricula of craftsman training, advising the GoI over policy and programs, conducting All India Trade Test (AITT) and awarding National Certificate (NTC).
In the academic year 2015, the NCVT / DCT, Ministry of Skill Development & Enterpreneurship, GoI had reduced the period of training to 01 year. Since 2015 to 2017 (03 years) the trainees undergone training in surveyor trade under CTS throughout India was for a period of 01 year. Now from the academic year 2018 onwards the training period again been reverted to 02 years by the NCVT.
In view of the above, the technical qualification for the recruitment in the post of surveyors may be notified as "One or Two years National Trade Certificate (NTC) under Craftsman Training Scheme (CTS) in Surveyor trade approved by National Council for Vocational Training Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= Shantanu 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb414 3baf81a658d7fbc937c888, PostalCode=712223, S= West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c48 Pramanik 12359eaee8938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.07.23 18:18:56+05'30' Foxit PDF Reader Version: 2025.1.0 8 OA. 351/01268/2019 (NCVT) from a recognized Industrial Training Institute (ITI)". This shall give equal opportunities to candidates possessing NTC of 01 year and 02 years period of training in surveyor trade.
You may feel free for any further clarification in this regard.
Thanking you, Yours faithfully, Sd/-
Principal"
9. It is further noted that as per the respondents, since the applicant had completed 01 year certificate course and not 02 years as diploma course, therefore, she was not found suitable though otherwise she had qualified in the written examination and was placed at Srl. No. 05 in the overall merit list and Srl. No. 02 as an OBC candidate. Therefore, from perusal of the aforesaid 02 clarificatory letters referred to the respondents in the year 2017 i.e. prior to the date of Notification dated 01.08.2018. It is evident that the respondents were aware of 01 year certificate course before publishing of vacancy notification, even then they had rejected the candidature of the applicant which is not valid. Therefore, the applicant is entitled to be appointed against her position in the merit list. It has been further noted that though the private respondents were served with the copy of the O.A. and Affidavit of Service was filed but the private respondents had chosen not to appear before this Court or make any submission thereon. Therefore, we have no other alternative but to direct the respondent authorities to extend appointment to the applicant in the vacant post, if it is still lying vacant as per appointment letter dated 28.05.2019 as only 11 out of Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= Shantanu 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb414 3baf81a658d7fbc937c888, PostalCode=712223, S= West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c48 Pramanik 12359eaee8938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.07.23 18:18:56+05'30' Foxit PDF Reader Version: 2025.1.0 9 OA. 351/01268/2019 12 vacancies were filled up by appointing the eligible candidates as per her merit in the said merit list, from the date, the other candidates were appointed, with notional consequential benefits without back wages and if no vacancy is available, one supernumerary post be created to accommodate the applicant.
Such exercise should be completed with follow up action within a period of two months from the date of receipt of a certified copy of this order.
10. Accordingly, the O.A. is disposed of with the above observation and direction with no order as to costs. (Suchitto Kumar Das) Urmita Datta (Sen) Administrative Member Judicial Member sp Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= Shantanu 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb414 3baf81a658d7fbc937c888, PostalCode=712223, S= West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c48 Pramanik 12359eaee8938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.07.23 18:18:56+05'30' Foxit PDF Reader Version: 2025.1.0