Central Administrative Tribunal - Delhi
Naveen Sharma vs Gnct Of Delhi on 27 August, 2015
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH O.A.NO.2210 OF 2015 New Delhi, this the 27th day of August, 2015 CORAM: HONBLE SHRI SUDHIR KUMAR, ADMINISTRATIVE MEMBER & HONBLE SHRI RAJ VIR SHARMA, JUDICIAL MEMBER .. 1. Naveen Sharma, Aged about 28 years, s/o Sh.Dharam Raj Sharma, R/o H.No.364-F, Chirag Delhi, New Delhi 17 Lastly appointed at GBSSS, Chirag Delhi, School ID: 1923012 2. Darshan Singh, Aged about 29 years, s/o Sh.Gursaran Singh, R/o H.No.363, Janta Flat, Khirki Village, New Delhi 17 Lastly appointed at GBSSS, Chirag Delhi, School ID: 1923012 .. Applicant (By Advocate: Mr.R.S.Kaushik) Vs. 1. GNCT of Delhi, Through its Chief Secretary, I.P.State, Govt. of NCT of Delhi, New Delhi 2 2. Director of Education, Directorate of Education, Old Secretariat, Civil Lines, Delhi 54 3. University of Delhi, through its Vice-Chancellor, North Campus, Delhi 4. Yogita Dagar, Govt. SKV, New Friends Colony, New Delhi, School ID: 1925033 5. Vineet Kumar Mishra, GBSSS, M.B.Road, New Delhi 17, School ID: 1923058 6. Jai Lalita, GBSSS, C-Block, Sangam Vihar, New Delhi 62, School ID: 1923052 7. Pooja, GBSSS, C-Block, Sangam Vihar, New Delhi 62 School ID: 1923052 8. Shiv Kumar, GBSSS, Deoli, New Delhi -80, School ID: 1923018 . Respondents (By Advocate: Mr.K.M.Singh for respondent nos. 1 and 2) ORDER Raj Vir Sharma, Member(J):
Brief facts of the applicants case are as follows:
1.1 In response to the circular issued by respondent no.2 inviting applications for engagement as Guest Teachers for the post of Trained Graduate Teacher (TGT-English) in Delhi Government Schools during the academic year 2009-10, the applicants made applications. After publication of merit list and verification of their documents relating to age, qualifications, etc., at the respective District Offices of respondent no.2, the applicants were engaged as Guest Teachers (TGT-English) in the school preferred by them during the said academic year. In response to similar circulars issued by respondent no.2 for engagement of Guest Teachers, they also made applications and were re-engaged as Guest Teachers (TGT-English) in the school preferred by them during the academic years 2010-11, 2011-12, 2012-13 and 2013-14. Their engagement as Guest Teachers (TGT) for the academic year 2013-14 was discontinued with effect from 10.5.2014 in accordance with the circular dated 8.5.2014 (Annexure A/3).
1.2 Respondent no.2 issued a public notice on 28.7.2014 for engagement of Guest Teachers for the academic year 2014-15.
1.3 The disengagement of Guest Teachers under respondent no.2 was challenged in a number of Original Applications filed before the Tribunal. O.A.No.2671/2014 and other connected O.As. (Sonalika Misra, etc. v. GNCT of Delhi and another, etc.) were disposed of by the Tribunal, vide its order dated 26.11.2014, wherein it was held thus:
i) The applicants are not entitled to their regularization on the basis of the length of service rendered by them as Guest Teachers and their services can be brought to an end any time as well as they can always be substituted by the regularly appointed teachers,
ii) The Guest Teachers may not be substituted / replaced by another set of Guest Teachers, unless their services are found unsatisfactory.
iii) Such Guest Teachers whose services are found unsatisfactory can always be discontinued and their services can be even substituted by another Guest Teacher.
iv) Since in terms of the impugned Public Notice dated 28.7.2014 as well as circular dated 8.5.2014 (ibid) the candidates for appointment as Guest Teachers are exempted from CTET/TET, the Guest Teachers, who worked during previous academic sessions, may not be substituted by another set of Guest Teachers on the ground that they have not passed the CTET/TET. Nevertheless, the respondents can always take a decision to not appoint such individual, who have not passed CTET/TET, as Guest Teachers. In such situation, such Guest Teachers, who have not passed CTET/ETE, can always be substituted by the freshers, who have passed CTET/TET.
v) The impugned Public Notice dated 28.7.2014 is in order and is not interfered with, except to the extent that instead of giving preference marks to Guest Teacher, the respondents would give preference to Guest Teachers, who worked during previous academic sessions, over the freshers in the matter of their continuance/reengagement.
vi) Only such of the applicants /Guest Teacher who will make representation to the respondents for their continuance /engagement as Guest Teacher mentioning the details of their previous service as Guest Teacher and the schools wherein they worked in such capacity within two weeks from the date of receipt of a copy of this Order, would be entitled to consideration for their continuance/ reengagement as Guest Teacher in preference to juniors and freshers. 1.4 Accordingly, the applicants made representations dated 19.12.2014 (Annexure A/6) requesting respondent no.2 to consider them for engagement as Guest Teachers (TGT-English). In the merit list published vide circular dated 9.1.2015 (Annexure A/7), though the names of the applicants found mention, yet no decision was taken by respondent no.2 on their representations dated 19.12.2014. Therefore, the applicants, along with 20 others, filed OA No.1047 of 2015 (Naveen Sharma and others v. GNCT of Delhi and another) seeking a direction to the respondents to grant them the benefit of the Tribunals order dated 26.11.2014 passed in Sonalika Misra, etc. v. GNCT of Delhi and another, etc.(supra). In OA No.1047 of 2015, the Tribunal, vide order dated 19.3.2015, directed issuance of notices to the respondents.
1.5 Respondent no.2, vide orders dated 1.4.2015 and 7.4.2015 (Annexure A/1), declined to consider the candidature of the applicants for engagement as Guest Teachers (TGT-English). The contents of both the said orders are same. For the sake of clarity, the relevant portion of the order dated 1.4.2015 passed by respondent no.2 in the case of applicant no.1 is reproduced below:
You appeared for verification of documents on 12/01/2015 for engagement as guest teacher (TGT-English). On going through the documents submitted by you, it was noticed that you are not fulfilling the Recruitment Rules for the said post (TGT-English) as you have not studied English in all the three years at graduation level. As per Recruitment Rules, the candidate should have studied concerned subjects in all the three years at graduation level.
Moreover your case was forwarded to competent authorities and the same has been rejected.
Moreover you have sent many mails to various higher authorities regarding this matter. You have also been apprised of the situation via email replies.
In view of the above, you are hereby informed that your case cannot be considered for engagement as guest teacher (TGT-English). 1.6 Hence, the applicants have filed the present O.A. seeking the following reliefs:
(i) to quash and set aside impugned orders dated 01.04.2015 & 07.04.2015 and direct the respondents to consider the applicants as eligible in terms of the Recruitment Rules. The applicants are adversely affected due to non-action of the respondents for their no fault, and re-engage the applicants as Guest Teachers (TGT-English).
(ii) to direct the respondents to reengage the applicants as Guest Teachers (TGT-English).
(iii) to allow the OA with cost.
(iv) to pass such other and further orders which their Lordships of this Honble Tribunal deem fit and proper in the existing facts and circumstances of the case.
2. It is contended by the applicants that they had taken admission in B.A (Pass) course of the University of Delhi in the year 2004. In July 2004, the University of Delhi replaced the erstwhile B.A. (Pass) course by B.A.-Programme in which the students were required to complete the compulsory language papers in two years covering four semesters, instead of three years. The students were left with no other option than to complete the restructured programme. In support of their contention that they have studied English subject at Graduation level (B.A.-Programme) and are eligible to be engaged as Guest Teacher (TGT-English), the applicants have filed copies of the B.A. Certificates along with statement of marks issued by the University of Delhi in their favour, and have also placed reliance on the decision of the Honble High Court of Delhi in Govt. of NCT of Delhi & others, etc., v. Sachin Gupta, etc., W.P. ( C ) No.1520 of 2012 and other connected writ petitions, decided on 7.8.2013, and the decision of the Tribunal in Nainika, etc., v. Govt. of NCT of Delhi and others, etc., OA No.1181 & 2148 of 2011, decided on 28.11.2011.
2.1 It is also contended by the applicants that private respondent nos.4 to 8 and seven others, who possessed same qualification as that of the applicants, were engaged as Guest Teachers (TGT-English), whereas respondent no.2 rejected their candidature and/or declined to consider their cases for re-engagement as Guest Teachers (TGT-English) for the academic year 2014-15.
2.2 It is also contended by the applicants that they having been engaged/re-engaged by respondent no.2 to work as Guest Teachers (TGT-English) from the academic years 2009-10 to 2013-14, ought to have been re-engaged for the academic year 2014-15 without being replaced by freshers. In support of this contention, they have placed reliance on the decision of the Tribunal in Parveen Khan and others v. GNCTD & others, OA Nos.1184 and 1461 of 2009, decided on 25.3.2010.
3. Opposing the O.A., respondent nos. 1 and 2 have filed a counter reply. Referring to paragraph 6, page 4, of the public notice dated 28.7.2014, which stipulates that Candidate should have studied the subject concerned in all parts/years of Graduation, respondent nos. 1 and 2 state that the applicants not having studied the subject of English in all parts/years of Graduation were not fulfilling the eligibility qualification prescribed in the public notice dated 28.7.2014 so as to be considered for being engaged as Guest Teachers (TGT-English) and, therefore, there was no infirmity in the decision taken by them rejecting the applicants candidature and/or declining to consider their cases for re-engagement as Guest Teachers (TGT-English) for the academic year 2014-15. As regards engagement of private respondent nos. 4, 6 and 7 and engagement of Hemlata, Harbeer, Jyoti Bhardwaj, and Sailaja Singh as Guest Teachers (TGT-English), it is stated by respondent nos.1 and 2 that their engagement as Guest Teacher (TGT-English) has been discontinued immediately. As regards engagement of private respondent nos. 5 and 8, and of others as Guest Teachers (TGT-English), respondent nos. 1 and 2 state that on verification, it has been found that they have studied English/Hindi in all three years/parts. In the above view of the matter, respondent nos. 1 and 2 pray for dismissal of the O.A.
4. In their rejoinder reply, the applicants, besides reiterating more or less same averments and contentions as in the O.A., have stated that three others, namely, Ms.Nainka, Ajai and Dimpy, who possessed the same qualification of B.A.(Prog.) as that of the applicants, have been engaged as Guest Teachers (TGT-English) and, therefore, the decision taken by respondent no.2 in the case of the applicants is violative of Articles 14 and 16 of the Constitution of India. It is, thus, submitted by the applicants that they are entitled to the reliefs claimed by them in the O.A.
5. We have perused the records and have heard Mr.R.S.Kaushik, learned counsel appearing for the applicants, and Mr.K.M.Singh, learned counsel appearing for the respondents.
6. The relevant portion of the public notice dated 28.7.2014 (Annexure A/4) is reproduced below:
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI DIRECTORATE OF EDUCATION PUBLIC NOTICE Sub: Engagement of Guest Teachers in Schools of Directorate of Education for the academic year 2014-15.
Applications are invited online from amongst the qualified youth for engagement of Guest Teachers for the post(s) of Assistant Teacher (Primary/Nursery), Trained Graduate Teacher (TGT) and Post Graduate Teacher (PGT/Lecturer) in Delhi Government Schools for the year 2014-15. Engagement of Guest Teachers is subject to the following Terms and Conditions.
1. Guest Teachers shall be engaged purely on ad hoc and daily basis till the posts are filled up on regular basis. Guest Teachers shall not be entitled to regular appointment. This is purely a stop gap arrangement. The candidates so engaged shall not claim salary, allowances, facilities, and other benefits accruing to the regular teachers. The candidate so engaged as Guest Teachers shall not file any court case regarding salary and regularization etc.
2. Engagement of Guest Teachers is done District-wise. Subject-wise vacancies in each District are at Annexure. However, the number of vacancies is tentative and is subject to change. Department reserves the right to alter the number of vacancies at any time. Directorate of Education will maintain a wait list/panel of candidates to meet any requirement in the Current Academic Year.
3. Reservations and age relaxations to candidates belonging to SC/ST/OBC and Disabled persons will be given as per Govt. orders. The certificate of OBC should be issued by authority of Govt. of NCT Delhi. For SC/ST candidates certificate issued by any State/UT will be considered. The candidates belonging to Physically Handicapped category (Ortho + VH only) must possess Disability Certificate issued from a Government Hospital.
4. Willing candidates may register themselves with any one District of choice online on our website www.edudel.nic.in from 30.7.2014 (11.00 AM) to 07.08.2014 (UPTO 6 PM). Submission of applications other than online shall not be entertained and any deviation in this regard shall lead to summary rejection. Applicants are strictly instructed not to send any hard copy of the application to this department.
5. Post based district-wise order of merit list will be prepared on the basis of academic merit separately for each category of applicants namely SC/ST/OBC/Disabled persons and others.
6. Allocation of school to the selected candidate will be merit based and preferably through a computerized programme without any human intervention. Request for change of school shall not be entertained at all at any time during the engagement. If the person does not join within given time, the offer of appointment will be cancelled.
7. The Guest Teachers will be disengaged from the school as soon as a regular teacher joins the school and the Guest Teachers working in that particular school will be disengaged irrespective of his/her standing in the order of merit list initially drawn district-wise for the purpose of engagement.
8. Guest Teachers engaged online during 2013-14 will be given preference mark in the engagement of Guest Teachers during 2014-15.
9. Candidates applying for TGTs and Assistant Teachers (Primary) post are informed that following order of priority will be followed in the engagement process.
9.1 All candidates passed Central Teaching Eligibility Test (CTET) will be considered in the first stage. (List I).
9.2 If vacancies remain unfilled then candidate qualified in Teaching Eligibility Test (TET) conducted by other States will be considered (List II).
9.3 If vacancies still remain unfilled candidates without CTET/TET will be considered (List III). However, this condition does not apply for Librarian/Home Science, Music, Drawing, Physical Education Teacher, Computer Science Teacher and Assistant Teacher (Nursery) post.
10. The order of merit list will be displayed on website on 12.08.2014 (6 p.m.) and the schedule for verification of documents relating to age, qualifications, caste certificate etc. at the respective district offices will be notified in due course of time on the web portal of this directorate.
11. The engagement of Guest Teachers for the current academic session i.e. 2014-15 will be up to 08/05/2015 or the commencement of the summer vacation whichever is earlier.
The details of eligibility are as under:-
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5. TGT : Bachelor degree (Hons/Pass) or equivalent from a recognized University in the concerned subject with B.Ed.
Candidates with Graduation in two school subjects of which at least one out of the four namely (i)English (ii) Mathematics (iii) Natural Science/Physical Science and (iv) Social Science should have been at the elective level.
5.1 TGT English : English as main subject at Graduation level with one of the following subjects: History/ Pol. Science/ Economics/ Commerce/ Geography.
5.2 TGT Mathematics: Mathematics as main subject with one of the following as Second subject Chemistry/ Physics/ Biology/ Botany/ Computer Science/ Zoology /English/ Commerce/ History/ Pol. Science/ Economics/ Geography/Statistics.
5.3 TGT (Natural Science/Physical Science) : Two or one of the following as main subjects at graduation level: Physics/Chemistry/Biology/Botany/Zoology.
5.4 TGT (Social Science) : At least two of the following main subjects at graduation level: History/Political Science/ Economics/ Sociology/ Geography/ Psychology/ Commerce/ Agriculture/ Horticulture.
5.5 TGT (Home Science) : Graduate with Diploma in Home Science from a recognized University OR B.Sc.(Home Science) with Degree/Diploma in education.
6. TGT (MIL- : B.A. (Hon.) in one of the Modern Hindi/Sanskrit/ Language (MIL) concerned Punjabi/Urdu/ OR Bengali) B.A. with MIL concerned as one of the Elective subjects with one additional Language at degree level OR Equivalent Oriental degree in MIL concerned OR Sahitya Rattan of Hindi Sahitya Sammelan Pryag (for Hindi Teachers only) with English in Matriculation. B.Ed./Sr.Anglo Vernacular Certificate knowledge of Hindi essential.
For Urdu Teachers Candidates who possess qualification equivalent to secondary (10th), Sr. Secondary (12th) or equivalent from recognized approved Madarsas and for admitting to B.A. degree and after that higher course like B.Ed. from a recognized institutions by the UGC are also eligible to apply. Candidate should have studied the subject concerned in all parts/years of Graduation..
xx xx 6.1 From the above it is seen that while Clause 5 of the details of eligibility stipulates common criteria of educational qualifications of Bachelors degree (Hons/Pass), and B.Ed., for engagement of candidates as Guest Teachers (TGT) in disciplines of English, Mathematics, Natural Science/Physical Science, and Social Science, Clause 5.1 thereof specifically stipulates the eligibility qualification of English as main subject at Graduation level, with one of the subjects, namely, History, Political Science, Economics, and Commerce Geography, for engagement of a candidate as Guest Teacher (TGT-English). A combined reading of Clauses 5 and 5.1 (ibid) makes it clear that so far as engagement of Guest Teacher (TGT-English) is concerned, a candidate is eligible to be selected for engagement as Guest Teacher (TGT-English), if he/she possesses the qualifications of (i) Bachelor degree (Hons/Pass) or equivalent from a recognized University with English as main subject and with any one of the subjects, viz., History, Political Science, Economics, and Commerce Geography, at Graduation level; and (ii) B.Ed. (Bachelor of Education), and his/her selection will be made in the order of priority indicated in paragraph 9 of the public notice dated 28.7.2014 for engagement of Guest Teachers for the year 2014-15.
6.2 At the bottom of Clause 6 (TGT (MIL-Hindi/Sanskrit/Punjabi/Urdu/Bengali) of the details of eligibility, it has, inter alia, been stipulated that Candidates should have studied the subject concerned in all parts/years of Graduation. In the absence of such a stipulation being incorporated either in Clause 5 or in Clauses 5.1, 5.2, 5.3 and 5.4 of the details of eligibility, it would be unwholesome to declare any candidate, as ineligible, who seeks selection for engagement as Guest Teacher (TGT-English) or Guest Teacher in any of the disciplines enumerated in Clauses 5.1, 5.2, 5.3 and 5.4 ibid, on the ground of his/her having not studied the subject concerned in all parts/years of Graduation. Furthermore, in view of the decision of the Honble High Court of Delhi in Govt. of NCT of Delhi & others, etc. v. Sachin Gupta, etc. (supra), rejection of candidature of an applicant for engagement as Guest Teacher (TGT-English), or Guest Teacher in any of the disciplines enumerated in Clauses 5.1, 5.2, 5.3 and 5.4 ibid, on the ground of his/her having not studied the subject concerned in all parts/years of Graduation, is unsustainable .
7. By the orders dated 1.4.2015 and 7.4.2015 (Annexure A/1 and Annexure A/2), which are impugned by the applicants in the present O.A., the respondents have declined to consider them for engagement as Guest Teacher (TGT-English) for the academic year 2014-15 on the ground that they have not studied English in all the three years at graduation level. It is the admitted position between the parties that engagement of Guest Teacher is made for a particular academic session, and that the academic session for the year 2014-15 ended in May 2015. The coordinate Bench of the Tribunal, vide its order dated 6.5.2015, disposed of O.A.No.1047 of 2015 filed by the present applicants and others, in terms of the order dated 8.4.2015 passed in O.A.No.293 of 2015 and its connected O.As. By its order dated 8.4.2015 passed in O.A.No.293 of 2015 and its connected O.As., the coordinate Bench of the Tribunal, while declining to issue any direction to the respondents to consider the candidature of the applicants in those cases for the current academic session, observed that as and when the respondents would resort to the procedure of appointing fresh Guest Teachers by issuing a fresh public notice, the applicants would be at liberty to apply for their engagement, and that on such applications, the respondents would consider their candidature with due regard to the aforementioned order of the Tribunal. After O.A.No.1047 of 2015 filed by the applicants was disposed of by the Tribunal, vide its order dated 6.5.2015, the applicants filed the present O.A. on 19.6.2015. During the course of hearing, the learned counsel appearing for the official respondents produced before us a copy of the public circular dated 16.7.2015, from which it is seen that office circular dated 26.6.2015 was issued by the respondents for engagement of Guest Teachers for the academic session 2015-16, and that Lists A, B, C and D (appended to the public circular dated 16.7.2015) were published by the official respondents requiring the candidates named therein to contact the respective Districts/Schools during 20.7.2015 to 25.7.2015 for processing the engagement subject to their fulfilling qualification as per Recruitment Rules and availability of vacancies. The learned counsel appearing for the official respondents also produced before us a circular dated 9.7.2015 issued by the official respondents, wherein it has been clarified that candidates who have studied a given subject in only two years of the graduation but studied the same subject at the Post Graduation level must be considered as suitable candidates for engagement of Guest Teachers. It does not transpire from the records that the applicants made applications for their engagement as Guest Teacher (TGT-English) for the academic year 2015-16 in response to the circular dated 26.6.2015 ibid issued by the official respondents and also in pursuance of the Tribunals order dated 6.5.2015 passed in OA No.1047 of 2015. As the applicants filed the present O.A. on 19.6.2015, they did not apparently make representations/applications for their engagement as Guest Teachers (TGT-English) for the academic year 2015-16 in response to the circular dated 26.6.2015 ibid and also in compliance with the Tribunals order dated 6.5.2015 passed in OA No.1047 of 2015, and consequently, the question of inclusion of their names in any of the Lists appended to the public circular dated 16.7.2015 and/or consideration of their candidature in accordance with the circular dated 9.7.2015 ibid did not arise. The applicants having failed to make representations/applications in response to the circular dated 26.6.2015 issued by the official respondents for engagement of Guest Teachers during the academic session 2015-16 and in compliance with the Tribunals order dated 6.5.2015 passed in OA No.1047 of 2015, we are not inclined to issue a direction to the official respondents to re-engage the applicants as Guest Teachers (TGT-English) during the academic session 2015-16, more so when the process of engagement/re-engagement of Guest Teachers for the academic session 2015-16 has already been over.
8. In Parveen Khan and others v. GNCTD & others (supra), the question, which arose for consideration of the Tribunal, was as to whether it would be permissible for an employer to replace a set of contractual employees, on completion of their period of contract, by another set of employees on contract again. The Full Bench of the Tribunal, to which reference was made by the Division Bench, after taking note of the decisions of the Honble Supreme Court in Piara Singh Vs. State of Haryana, 1992 (4) SLR 770, and Dr. A.K. Jain & Ors. Vs. Union of India & Ors., 1987 (Supp) SCC 497, and the decision of the Honble High Court of Delhi in Delhi High Court in Dilip Kumar Jha & Ors. Vs. New Delhi Municipal Council, WP (C) Nos.16499 16502/2004, decided on 1.09.2006, held thus:
The issue is thus well settled on the basis of the judicial precedents cited above that a set a contractual employees shall not be replaced by another set of contractual employees except if the contractual employees are not working satisfactorily 8.1 In the instant case, the applicants were admittedly engaged/re-engaged as Guest Teachers (TGT-English) by the respondents for different academic sessions on the basis of applications made by them for each and every academic session, and their such engagement/re-engagement was discontinued at the end of each of the academic sessions in accordance with the terms and conditions of their engagement/re-engagement. It is the admitted position between the parties that engagement/re-engagement of Guest Teachers (TGT-English) and Guest Teachers in other disciplines is made by the official respondents on the basis of applications made by the candidates in response to the circular issued by them for engagement of Guest Teachers for a particular academic session. Since the applicants were initially engaged as Guest Teachers (TGT-English) in the school preferred by them only up to the end of academic session 2009-10 and their engagement/re-engagement for subsequent academic years 2010-11 to 2013-14 was made on the basis of their applications made for each of the said academic years, and further since they did not make applications/representations for their engagement/re-engagement as Guest Teachers (TGT-English) for the academic session 2015-16, the decision in Parveen Khan and others v. GNCTD & others (supra) does not come to the aid of the applicants.
9. In the light of the above discussions, we hold that the applicants have not been able to make out a case for the reliefs claimed by them. Accordingly, the O.A. is dismissed. No costs.
(RAJ VIR SHARMA) (SUDHIR KUMAR) JUDICIAL MEMBER ADMINISTRATIVE MEMBER AN