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[Cites 3, Cited by 0]

Central Administrative Tribunal - Delhi

Nandkishor Subhash Dhekane vs Ministry Of Education on 6 May, 2024

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Item No.29/ C-3                                                 OA No.3702/2023




                   CENTRAL ADMINISTRATIVE TRIBUNAL
                      PRINCIPAL BENCH: NEW DELHI

                               O.A. No.3702/2023
                               MA No.1211/2024
                               MA No.4222/2023


                                              Reserved on : 30.04.2024
                                           Pronounced on :    .05.2024


                   Hon'ble Mr. Tarun Shridhar, Member (A)
                  Hon'ble Mrs. Pratima K. Gupta, Member (J)


            1.      Nandkishor Subhash Dhekane, Aged about 48 years
                    Post -Faculty Cum System Administrator (FCSA)
                    Group -C
                    S/o Subhash Laxman Dhekane
                    Posted at -Jawahar Navodaya Vidyalaya, Canacona,
                    Distt- South Goa, Pin-403702
                    Experience - 21 Years.

            2.      Vivek Ranjan, Aged about 39 Years
                     Post - Faculty Cum System Administrator(FCSA)
                    Group - C
                    S/o Shri Birendra Prasad
                    Posted at - Jawahar Navodaya Vidyalaya Barhat,
                    Jamui (Bihar), Pin - 811313
                    Experience - 18 Years.

            3.      Deepesh Kumar Singh, Aged About 47 years
                    Post - Faculty Cum System Administrator (FCSA)
                    Group -C
                    S/o Raghunath Singh
                    Posted at - Jawahar Navodaya Vidyalaya, Pawarkheda,
                    Distt Narmadapuram M.P. Pin-461110
                    Region - Bhopal
                    Experience - 18 Years.
                                      2
Item No.29/ C-3                                                OA No.3702/2023




            4.    Manoj Kumar Srivastava , Aged About 46 Years
                  Post -Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o Sh. S.K. Srivastava
                  Posted at - Jawahar Navodaya Vidyalaya, Mahoba
                  Dist-Mahoba, Uttar Pradesh
                  Experience-17 Years

            5.    Arun Kumar Mishra, Aged about 41 years.
                  Post -Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o Sh.Amar Nath Mishra
                  Posted at -Jawahar Navodaya Vidyalaya, Guriganj
                  Distt-Amethi, Uttar Pradesh Pin-22740
                  Region- Lucknow
                  Experience - 15 Years

            6.    Akhilesh Kumar Yadav, aged about 43 years.
                  Post -Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o Shri Kanhaiya Lal Yadav,
                  Posted at -Jawahar Navodaya Vidyalaya,
                  Bahera(Kusmi),
                  Distt- Bemetara(C.G.) Pin - 491335
                  Experience - 15 Years

            7.    Vijay Gautam, Aged about 47 years.
                  Post -Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o Shri V.R Gautam,
                  Posted at-Jawahar Navodaya Vidyalaya,
                  Talodhi Distt- Chandrapur (M.S.) Pin - 441221
                  Experience: 15 Years

            8.    Nagendra Prasad Singh, Aged about 45 years.
                  Post -Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o Late Harihar Prasad Singh
                  Posted at -Jawahar Navodaya Vidyalaya, Khagaria
                  Distt-Khagaria, Bihar Pin-851201
                  Experience - 14 Years

            9.    Kabita Devi , aged about 43 Years.
                  Posted at - Faculty Cum System Administrator (FCSA)
                  Group -C
                  D/o Late Nagendra Nath Sarma
                  Posted at -Jawahar Navodaya Vidyalaya, Chirang,
                  Distt-Chirang (Assam), Pin - 783390
                  Experience - 14 Years
                                      3
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            10.   Vidyadhar Singh, Aged About 43 Years
                  Post - Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o Sri Shankar Prasad Singh
                  Posted at - Jawahar Navodaya Vidyalaya, Rikhiya,
                  Deoghar Distt - Deoghar, Jharkhand, Pin- 814113
                  Experience - 14 Years.

            11.   Amit Kumar Mishra, Aged About 36 Years
                  Post - Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o Ram Krishna Mishra
                  Posted at - Jawahar Navodaya Vidyalaya, Durendi ,
                  Distt - Banda (U.P.) Pin - 210001
                  Total Experience- 14 Years

            12.   Shailendra Parmar, Aged About 37 Years
                  Post - Faculty Cum System Administrator
                  Group - C
                  S/o Late Vijay Parmar
                  Posted - Jawahar Navodaya Vidyalay Multhan, Dhar
                  (M.P.) 454660
                  Experience - 11 Years

            13.   Gouri Kumari, Aged About 46 Years
                  Post- Faculty Cum System Administrator (FCSA)
                  Group - C
                  D/o Late Sampat Dubey
                  Posted at-Jawahar Navodaya Vidyalaya, East-
                  Singhbhum,
                  Distt - East Singhbhum (Jharkhand .)
                  Pin -832101 Experience- 13 Years

            14.   Amit Sharma, Aged About 38 Years
                  Post-Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o Sh. Chander Mohan Sharma
                  Posted at -Jawahar Navodaya Vidyalaya, Rakoli,
                  Distt Mohali, (ChandiGarh) Pin -140103
                   Experience - 13 Years

            15.   Chandan Kumar,Aged About 38 Years
                  Post - Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o Dayanand Mishra
                  Posted at - Jawahar Navodaya Vidyalaya, Vrindavan,
                  Dist - West Champaran (Bihar) Pin- 845450
                  Experience - 13 Years.
                                      4
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            16.   Ishtiaque Iqbal Aged About -..............
                  Post - Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o Iqbal Khalil
                  Posted at - Jawahar Navodaya Vidyalaya, Birauli,
                  Distt Samastipur-(Bihar) Pin code- 848113
                  Experience - 13 Years.

            17.   Pradeep Kumar Chandrakar, Aged About 41years
                  Post- Faculty Cum System Administrator (FCSA)
                  Group-C
                  S/o Abhimanyu Prasad Patel
                  Posted at -Jawahar Navodaya Vidyalaya, Pachkhora,
                  Waidhan, Distt - Singrauli (M.P.)
                  Pin - 486887
                  Total Experience -20
                  JNV Experience -13 Years

            18.   Pawan Deep Singh, Aged about 37 years
                  Post -Faculty Cum System Administrator (FCSA)
                  S/o Gurmukh Singh
                  Posted at - Jawahar Navodaya Vidyalaya,
                  Nownagri, Pulwama, Pin-192301
                  Experience in JNV -12 Years

            19.   Narasimha Kumar Jana, Aged about 41 years.
                  Post -Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o Shri Padmanabham Jana,
                  Posted at - Jawahar Navodaya Vidyalaya, Kommadi,
                  Visakhapatnam, Andhra Pradesh, Pin-530048
                  Experience - 12 years

            20.   Ashish Kumar, Aged About 33 Years
                  Post - Faculty Cum System Administrator
                  (FCSA)Group -C
                  S/o Sh.Awadhesh Kumar Singh
                  Posted at - Jawahar Navodaya Vidyalaya, Motihara,
                  Distt - Kishanganja (Bihar) Pin- 855107
                  Experience - 13 Years.

            21.   Prakash Singh, Aged About 36 Years
                  Post - Faculty Cum System Administrator
                  (FCSA)Group -C
                  S/o Sh. Shyam Ji Singh
                  Posted at - Jawahar Navodaya Vidyalaya, Patehara
                  Kalan, Distt - Mirzapur (Uttar Pradesh) Pin-231309
                  Experience - 13 Years
                                      5
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            22.   Praveen Kumar Singh, Aged about- 39 Years
                  Post - Faculty Cum System Administrator (F.C.S.A)
                  Group- C
                  S/o Sh Chit Bahal Singh
                  Posted at - Jawahar Navodaya Vidyalaya,Mariahu
                  Distt.-Jaunpur (Uttar Pradesh) Pin - 222161
                  Experience -13 Years

            23.   Sujeet Kumar Upadhyay, Aged About 42 years Post -
                  Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o Sh. Markandey Upadhyay
                  Posted at -Jawahar Navodaya Vidyalaya, Dhanewa
                  Dhani
                  Distt-Maharajganj, Uttar Pradesh,
                  Pin Code- 273303.
                  JNV Experience -12 Years.

            24.   Farhana Ahmad , Aged about 35 Years
                  Post - Faculty Cum System Administrator
                  (F.C.S.A)Group- C
                  D/o Sh. Sami Ahmad
                  Posted At - Jawahar Navodaya Vidyalaya, Arwal Bihar
                  Distt-Arwal (Patna ) Pin - 804401
                  Experience -12 Years

            25.   Nandram Khatik, aged about 47 years.
                  Post -Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o Shri Ramsewak Khatik
                  Posted at - Jawahar Navodaya Vidyalaya,
                  Basdei, Surajpur, CG, Pin-497231
                  Experience in JNV -12 Years

            26.   Panchanana Satapathy, Aged About 41 years
                  Post- Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o Bijaya Kumar Satapathy
                  Posted at- Jawahar Navodaya Vidyalaya-2,
                  Balimela, Dist. Malkangiri Odisha, PIN- 764051
                  JNV Experience-13 Years
                                      6
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            27.   Depanshu Garg, Aged About
                  Post- Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o Yashwant Garg
                  Posted at -Jawahar Navodaya Vidyalaya,
                  Prabhat Pattan (Betul) M.P. Pin Code 460665
                  Bhopal Region
                  JNV Experiencer-12 Years

            28.   Manoj Das, Aged about 35 years
                  Post - Faculty Cum System Administrator
                  (FCSA)Group -C
                  S/o Late Pranedra Das
                  Posted At - Jawahar Navodaya Vidyalaya, Titabar
                  Distt. Jorhat (ASSAM) PIN- 785630
                  Experience - 11 Years

            29.   Santosh Kumar Singh , Aged about 41years.
                  Post -Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o Late Shivpoojan
                  Posted at -Jawahar Navodaya Vidyalaya, Gajokhar
                  Distt-Varanasi (UP.) Pin - 221206
                  Experience - 12 Years

            30.   Chamola Rajiv, Aged about 35 years.
                  Post -Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o Mahendra Singh Chamola
                  Posted at -Jawahar Navodaya Vidyalaya, Haridwar
                  District Haridwar, Uttarakhand PIN -249402
                  Experience - 11 Years

            31.   Tabrez Gsuher, aged about 40 years.
                  Post -Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o Md Alauddin
                  Posted at -Jawahar Navodaya Vidyalaya, Makpa,
                  Jehanabad Distt-Jehanabad (Bihar.) Pin - 804422
                  Experience - 11 Years

            32.   Pravir Kumar, aged about ----
                  Post -Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o Rajendar Prasad Singh
                  Posted at - Jawahar Navodaya Vidyalaya, Bihiya,
                  District-Bhojpur, Bihar PIN - 802152
                  Experience - 11 Years
                                      7
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            33.   Akash Kumar Tiwari, aged about 36 years
                  Post -Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o Lt Sharad Chand Tiwari
                  Posted at - Jawahar Navodaya Vidyalaya,
                  Jungle Agahi, Peepiganj, District-Gorakhpur-273165
                  Experience - 11 Years

            34.   Md Firoz Alam, Age about 43 Years
                  Post -Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o Md Mian
                  Posted at -Jawahar Navodaya Vidyalaya,
                  Dakshin Dinajpur Distt:- Dakshin Dinajpur (West
                  Bengal)
                  PIN- 733103
                  Experience - 11 Years

            35.   Brajesh Singh Rana, Aged about 41Years
                  Post -Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o Mr Nawab Singh Rana
                  Posted at -Jawahar Navodaya Vidyalaya,Pichhore
                  Dabra Gwalior
                  Dist-Gwalior MP PIN- 475115
                  Experience - 12Years

            36.   Shukla Mehul Kumar, aged about 38 Years
                  Post-FCSA
                  Group -C
                  S/o Lt Subodhbhai Shukla
                  Posted at Jawahar Navodaya Vidyalaya, Botad (Guj)
                  364710
                  Experience 11 YRS

            37.   Vivek Jaywant Karlekar, Age about 45 Years
                  Post -Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o Jaywant Karlekar
                  Posted at - Jawahar Navodaya Vidyalaya, Navegaon
                  Khairi, Ta. Parseoni,
                  District - Nagpur, Maharashtra, PIN- 4441105
                  Experience - 11 Years
                                      8
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            38.   Swapnil Jain, Aged About 35 Years
                  Post - Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o Sh. Anil Jain
                  Posted at - Jawahar Navodaya Vidyalaya, Pandhana,
                  Dist - Khandwa (M.P.) Pin-450661
                  Region - Bhopal
                  Experience - 12 Years

            39.   Rahul Kumar Singh, aged about 34 yrs
                  S/o Mithilesh Prasad Singh
                  Posted at Jawahar Navodaya Vidyalaya Cooch Behar
                  Dist-Cooch Behar (West Bengal) Pin-736160
                  Experience-10 yrs

            40.   Shashi Kumar ,aged about 35 years.
                  Post -Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o - Sh. Ram Bachan Prasad
                  Posted at -Jawahar Navodaya Vidyalaya, Aurangabad
                  Distt- Aurangabad, Bihar -824112
                  Experience - 10 Years

            41.   Abhuday Kumar, Aged About 35 Years
                  Post - Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o - Lalan Prasad
                  Posted at - Jawahar Navodaya Vidyalaya, Deoria U.P.
                  Region - Lucknow Region
                  Experience - 10 Years.

            42.   Ajeet Kumar, aged about 32 years
                  Post- Faculty Cum System Administrator (FCSA)
                  Group- C
                  S/o- Shri Narendra Kumar Rao
                  Posted at - Jawahar Navodaya vidyalaya pacharahi,
                  Darbhang (Bihar) Pin - 847337
                  Experience-10 Years

            43.   Purnendu Giri, Aged about 41 Years
                  Post - Faculty Cum System Administrator
                  (FCSA)Group - C
                  S/o Narayan Chandra Giri
                  Posted at - Jawahar Navodaya Vidyalaya North 24
                  Parganas Banipur,
                  Vill-P.O- Banipur, Habra-I
                  West Bengal Pin - 743233
                  Experience - 10 Years
                                      9
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            44.   Amit Ranjan, aged about 31 Years
                  Post - Faculty Cum System Administratgor (FCSA)
                  Group - C
                  S/o Sh Umesh Singh
                  Posted at - Jawahar Navodaya Vidyalaya
                  Jethian,Gaya-1(Bihar) Pin - 823311.
                  Experience in Jnv - 10 years

            45.   Sandeep Kumar Kushwaha, aged about 34 years
                  Post -Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o - Sh. Indrapal Singh Kushwaha
                  Posted at -Jawahar Navodaya Vidyalaya, Rajeevpuram
                  Distt-Unnao U.P Pin-209871
                  Experience - 10 Years

            46.   Pushpendra Singh Sisodiya, aged about 36 years.
                  Post -Faculty Cum System Administrator (FCSA)Group
                  -C
                  S/o Sh Gum Singh Sisodiya,
                  Posted at -Jawahar Navodaya Vidyalaya,
                  Ratibad, Bhopal,MP, Pin- 462044
                  Experience - 12 Years

            47.   Manoj Kuma Gupta, Aged about 47 Years
                  Post -Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o Late Maikulal Gupta
                  Posted at -Jawahar Navodaya Vidyalaya,
                  Bargi Nagar Distt. Jabalpur (MP)-482056
                  Experience -11 Years

            48.   Vijay Kumar Tiwari, Aged About 37 Years
                  Post - Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o Bahgwan Din Tiwari
                  Posted at - Navodaya Vidyalaya, Rahikwara
                  Dist - Satna (M.P.) Pin- 485446
                  Experience - 10 Years

            49.   Anoop Kumar Katiyar, Aged about 43 years.
                  Post -Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o Sh.Ramesh Chandra Katiyar
                  Posted at -Jawahar Navodaya Vidyalaya, Taiyyapur
                  Distt-Auraiya, Uttar PradeshPin-206244
                  Region - Lucknow
                  Experience - 16 Years
                                      10
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            50.   Mukesh Kumar Singh, Aged about 36 years.
                  Post -Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o Sh Vinod Kumar Singh
                  Posted at - Jawahar Navodaya Vidyalaya, Tewa,
                  Kaushambi,
                  Uttar Pradesh, Pin-212207
                  Experience - 12 years

            51.   Vijay Shantaram Patil , Aged about 33 Years
                  Post - Faculty Cum System Administrator (FCSA)
                  Group - C
                  S/o Sh Shantaram Patil
                  Posted at -Jawahar Navodaya Vidyalaya, Nandurbar-1,
                  Dist-Nandurbar(Maharashtra)-425416
                  Experience - 9 years

            52.   Chandan Kumar, Aged about 32 years
                  Post- Faculty Cum System Administrator (FCSA)
                  Group-C
                  S/o Shri Arun Kumar Singh
                  Posted at- Jawahar Navodaya Vidyalaya
                  Bishnupur, Distt- Begusarai, Bihar
                  Pin Code:- 851129
                  Experience in JNV: 09 years

            53.   Mukesh Kumar Manjhi, Aged About 38 years
                  Post - Faculty Cum System Administrator (FCSA)
                  Group - C
                  S/o - Shri Dayanand Manjhi
                  Posted at- Jawahar Navodaya Vidyalaya, Saraikela,
                  PO - B Kutumb, Village - Sijulata,
                  DIST-Saraikela-Kharsawan,
                  Jharkhand - 832113.
                  Experience in JNV - 09 Years

            54.   Bhola Prasad Mahto, Aged About 38 Years
                  Post- Faculty Cum System Administrator (FCSA)
                  Group-C
                  S/o Shri Tokan Prasad Mahto
                  Posted at Jawahar Navodaya Vidyalaya,
                  Belonia, PO - Belonia, DIST. - South Tripura,
                  Tripura - 799155
                  Experience -09 Years
                                     11
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            55.   Manish Kumar Mishra , Aged About 36 Years
                  Post-Faculty Cum System Administrator (FCSA)
                  Group - C
                  S/o Shri Sunil Kumar Mishra
                  Posted at -Jawahar Navodaya Vidyalaya, Lohardaga,
                  PO - Senha,
                  DIST. -Lohardaga, Jharkhand - 835302
                  Experience - 09 Years

            56.   Ahmed Ali Khan, Aged about 36 Years
                  Post-Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o Shri Hamid Ali khan
                  Posted at Jawahar Navodaya Vidyalaya, Buranabad,
                  PO-khachroad, DIST, Ujjain 2, Madhya Pradesh -
                  456224
                  Experience - 13 Years

            57.   Sheetal Richhariya, Aged about 34 Years
                  Post - Faculty Cum System Administrator
                  (FCSA)Group -C
                  D/o - late Nandram richhariya
                  Posted at - Jawahar Navodaya Vidyalaya,
                  vidisha M.P. Pin-464111
                  Experience - 9 Years

            58.   Abhishek Soni, Aged about 32 years
                  Post -Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o Late Arun Soni,
                  Posted at -Jawahar Navodaya Vidyalaya, CK Dam
                  Distt- Dewas, MP Pin- 455440
                  Experience -9 Years

            59.   Rahul, Aged about 37 years.
                  Post- Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o Shri Ram Newal Tiwari,
                  Posted at-Jawahar Navodaya Vidyalaya,
                  Rudhauli, Basti, UP, Pin-272151
                  Experience in JNV- 09 Years

            60.   Ved Prakash Pandey, Aged About 35 Years
                  Post -Faculty Cum System Administrator (FCSA)
                  Group-C
                  S/o Late Ram Naresh Pandey
                  Posted at-Jawahar Navodaya Vidyalaya,Kushinagar,
                  PO -MilkiRasulpur, DIST.Kushinagar UP- 274304
                  Experience-09 Years
                                     12
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            61.   Ramprasad Bhimappa Kamble, Aged about 35 years
                  Post -Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o Sh. Bhimappa Kamble
                  Posted at -Jawahar Navodaya Vidyalaya,Kothali
                  Distt-Belgavi, Karnataka Pin-591287
                  Region -Hydrabad
                  Experience 8 Years

            62.   Ishrat Shafeeq, Aged about 34 years
                  Post -Faculty Cum System Administrator (FCSA)
                  Group -C
                  D/o Md Yousuf Sheikh
                  Posted at -Jawahar Navodaya Vidyalaya Hatbara,
                  Ganderbal,J&K UT ,Pin-191131
                  Region - CHANDIGARH
                  Experience - 8 Years

            63.   Jitender Kumar Pandey, Aged About 38 Years
                  Post -Faculty Cum System Administrator (FCSA)
                  Group :C
                  S/o Sh Prem Narayan Pandey
                  Posted at-Jawahar Navodaya Vidyalaya, Laduna,
                  Dist- Mandsaur MP-458990
                  Experience - 08 Years

            64.   Neera Rathore, Aged About 39 Years
                  Post - Faculty Cum System Administrator (FCSA)
                  Group - C
                  W/O Sunil Kumar Rathore
                  Posted at - Navodaya Vidyalaya, Salora
                  Dist - Korba (Chhattisgarh) Pin - 495445
                  Experience - 9 Years

            65.   Suyesh Bhatt, Aged About 35 Years
                  Post - Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o Manmohan Bhatt
                  Posted at - Navodaya Vidyalaya, Banswara -1,
                  Budwa Dist -Banswara (Raj.) Pin- 327604
                  Experience - 08 Years

            66.   Manoj Bisen, Aged about 35 Years
                  Post -Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o Jugran Bisen
                  Posted at -Jawahar Navodaya Vidyalaya,
                  District- Gadchiroli Pin - 442604
                  Experience - 8 Years
                                      13
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            67.   Banwari Lal, Aged about 41 years
                  Post -Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o- Sh. Lili
                  Posted at -Jawahar Navodaya Vidyalaya, Guraiya
                  Soyalpur,
                  District- Firozabad (U.P.) Pin - 283151
                  Experience - 7 Years

            68.   Sunil Kumar Yadav, Aged About 33 Years
                  Post -Faculty Cum System Administrator (FCSA)
                  Group C
                  S/o Shri Kamala Yadav
                  Posted at-Jawahar Navodaya Vidyalaya, Sinhachawar
                  PO - Garwar, DIST. - Ballia, UP - 221701
                  Experience -07 Years

            69.   Naveen Jain, Aged About 31 Years
                  Post -Faculty Cum System Administrator (FCSA)
                  Group-C
                  S/o Sh Virendra Jain
                  Posted at -Jawahar Navodaya Vidyalaya, Bari
                  Distt. Raisen MP PIN- 464665
                  Experience - 07 Years

            70.   Tarkeshwar, Aged about 33 Years
                  Post -Faculty Cum System Administrator (FCSA)
                  Group-C
                  S/o Arjun Lal
                  Posted at -Jawahar Navodaya Vidyalaya,Dabo
                  Mungeli (CG) 495334
                  Experience in JNV - 07 Years
            71.   Amit Kumar Dewangan, Aged about 32 Years
                  Post - Faculty Cum System Administrator (F.C.S.A)
                  Group - C
                  S/o Panchu Dewangan
                  Posted at - Jawahar Navodaya Vidyalaya Panduka,
                  District-Gariaband, (C.G.)
                  Experience - 08 Years

            72.   Pragya Chauhan, Aged About 27 Years
                  Post -Faculty Cum System Administrator (FCSA)
                  Group- C
                  D/o Suresh Singh Chauhan
                  Posted at Jawahar Navodaya Vidyalaya,
                  Beekar Datia M. P. 475661
                  Experience in JNV      06 Years
                                     14
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            73.   Rajhansh Sharma , Aged About 33 years
                  Post -Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o Sh Ashok Kumar Sharma
                  Posted at -Jawahar Navodaya Vidyalaya,
                  Nawatoli Daltonganj Palamu-1, distt Palamu
                  Jharkhand-812101
                  Experience- 06 Years

            74.   Pawan Kumar Agnihotri, Aged About 41 Years
                  Post -Faculty Cum System Administrator (FCSA)
                  Group - C
                  S/o Ravindra Nath Agnihotri
                  Posted at -Jawahar Navodaya Vidyalaya,
                  Anaugi- Kannauj U.P. 209733
                  Experience 06 Years

            75.   Munarani Meher, Aged About 34 Years
                  Post -Faculty Cum System Administrator (FCSA)
                  Group -C
                  D/o Haribola Meher
                  Posted at -Jawahar Navodaya Vidyalaya,
                  at/PO- Goshala
                  Distt-Samalpur Odisha - 708025
                  Experience in JNV - 05 Years

            76.   Ashish Krishna Sharma, aged about 35 Years
                  Post- Faculty cum system administrator (FCSA)
                  Group -C
                  S/O Late Radha Krishna Sharma
                  Posted at-Jawahar Navodaya Vidyalaya Panna (M.P)
                  Pin 488001
                  Experience -6 years
            77.   Abhishek Nariya, aged about 30 years
                  Post -Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o Dinesh Nariya,
                  Posted at - Jawahar Navodaya Vidyalaya, Loni,
                  Burhanapur, MP, Pin-450331
                  Experience - 6 years

            78.   Brajabandhu Behera, aged about 36 Years
                  Post -Faculty Cum System Administrator (FCSA)
                  Group: C
                  S/ o Late Ladu Kishore Behera
                  Posted at -Jawahar Navodaya Vidyalaya, Therubali
                  Rayagada, Odisha -765018
                  Experience: 6 years
                                      15
Item No.29/ C-3                                                 OA No.3702/2023




            79.   Varsha Premchand Gaikwad, Aged about 36 Years
                  Post - Faculty Cum System Administrator (FCSA)
                  Group -C
                  D/o late Premchand Shrirang Gaikwad
                  Posted at - Jawahar Navodaya Vidyalaya, Gadhi,Georai
                  Dist - Beed (M.h) Pin- 431122
                  Experience - 7 Years.

            80.   Amol Deorao Sardare, aged about 36 years.
                  Post -Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/O - Shri Deorao Laxman Sardare,
                  Posted at - Jawahar Navodaya Vidyalaya,
                  Pune, Maharashtra Pi

            81.   Rubina Rafik Shekh , aged about 36 years.
                  Post -Faculty Cum System Administrator (FCSA)
                  Group -C
                  D/O - Rafik Ahemad shekh
                  Posted at -Jawahar Navodaya Vidyalaya, Panchgaon
                  Post. Neri Tah. Mohadi Distt-Bhandara,Maharashtra -
                  441905
                  Experience - 06 Years

            82.   Manindar Singh Yadav, aged about 31 years.
                  Post -Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/O - Satyaram Singh Yadav
                  Posted at -Jawahar Navodaya Vidyalaya,
                  Azamgarh Distt-Ghazipur U.P Pin-276140
                  Experience - 05 Years
            83.   Anurag Sharma, Aged about 33 years
                  Post -Faculty Cum System Administrator (FCSA)
                  Group - C
                  S/O Shri Suresh Chandra
                  Posted at - Jawahar Navodaya Vidyalaya, Latoli,
                  Champawat Uttarakhand -262523
                  Experience - 5 years

            84.   Anup Kumar, Aged About 34 Years
                  Post - Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o Sri Arjun Ram
                  Posted at - Navodaya Vidyalaya, Jamtara
                  Dist - Jamtara (Jharkhand) Pin- 815351
                  Experience - 06 Years.
                                      16
Item No.29/ C-3                                                    OA No.3702/2023




            85.   Pankaj Kumar Sahu, Aged about 29 years
                  Post- Faculty Cum System Administrator (FCSA)
                  Group-C
                  S/o Raghuvar Narayan Sahu
                  Posted at Jawahar Navodaya Vidyalaya,
                  Barpeta Assam Pin: 781317
                  Experience:-05 Years

            86.   Brajesh Kumar, Aged about 32 Years
                  Post - Faculty Cum System Administrator (FCSA)
                  Group - C
                  S/o Shri Laxman Thakur
                  Posted at - Jawahar Navodaya Vidyalaya-II,
                  Japla,Palamu Pin - 82116
                  Experience in JNV - 05 Years

            87.   Rammohan Shukla, aged about 30 years.
                  Post -Faculty Cum System Administrator (FCSA)
                  Group - C
                  S/o Shri Manoj Kumar Shukla
                  Posted at - Jawahar Navodaya Vidyalaya,
                  Rafiyabad, Bareilly UP, Pin-243501
                  Experience: 05 years

            88.   Abhishek Sharma, Aged About 37 Years
                  Post - Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o Gyan Prakash Sharma
                  Posted at - Jawahar Navodaya Vidyalaya Patan,
                  Neem Ka Thana Dist - Sikar(Raj.) Pin- 332718
                  Experience - 05 Years.
            89.   Vishal Kumar Jadam,aged about 29 Years
                  Post-Faculty Cum System Administrator (FCSA)
                  Group-C
                  S/o Jitendra Kumar Jadam
                  Posted at:- Navodaya vidyalaya, Agar Malwa,
                  Madhya Pradesh. Pin:-465447
                  Experience:-05 Years

            90.   Sarita Bano, aged about 29 years.
                  Post - faculty cum system administrator (FCSA)
                  Group -C
                  D/o Safat beg
                  Posted at - Jawahar Navodaya Vidyalaya,
                  Ashok Nagar M.P. Pincode- 473335
                  Experience - 5 Years
                                      17
Item No.29/ C-3                                                 OA No.3702/2023




            91.   Jeetendra Singh Ahirwar, Aged about 31 years
                  Post -Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o Shri Shri Lal Ahirwar
                  Posted at -Jawahar Navodaya Vidyalaya, Sarkandi,
                  Bindki, District Fatehpur Uttar Pradesh, Pin-212635
                  Region - Lucknow
                  Experience -06 Years

            92.   Madhulika Rai, Aged about 37 years
                  Post -Faculty Cum System Administrator (FCSA)
                  Group -C
                  D/o Vinod Kumar Rai
                  Posted at -Jawahar Navodaya Vidyalaya, Sitapur,
                  Bundi Rajasthan Pincode-323021
                  Experience- 7 Years

            93.   Manisha Kachhi , Aged about 26 Years
                  Post -Faculty Cum System Administrator (FCSA)
                  Group -C
                  D/o Sooraj
                  Posted at -Jawahar Navodaya Vidyalaya, Karap,
                  Kanker chattisgarh PIN No.- 494335
                  Experience- 5 Years

            94.   Jitendra Kumar Soni, aged about 34 years.
                  Post -Faculty Cum System Administrator (FCSA)
                  Group -C
                  S/o- Mr. Bhagwan das soni,
                  Posted at -Jawahar Navodaya Vidyalaya,
                  Dhamangaon, distt. Dindori (M.P.) 481879
                  Experience - 5 Years
            95.   Virendra Singh Dixit, Aged about 47 years
                  Post Faculty Cum System Administrator ( FCSA )
                  Group C
                  S/o sh Pratap Singh Dixit
                  Posted at-Jawahar Navodaya Vidyalaya
                  Mana Camp, Raipur ( C. G) Pin code : 492015
                  Experience : 6 Years

            96.   Swapnil Pravin Talakwar, Aged About 32 Years
                  Post Faculty Cum System Administrator
                  Group - C
                  S/O -Pravin Madhukar Talakwar
                  Posted at - Jawahar Navodaya Vidyalaya NandurbarII
                  Experience - 5 Years
                                      18
Item No.29/ C-3                                                OA No.3702/2023




            97.    Gouri Neeraj Parmale, aged about 31 years
                   Post -Faculty Cum System Administrator (FCSA)
                   Group -C
                   D/O - Shri Neeraj Parmale
                   Posted at -Jawahar Navodaya Vidyalaya,
                   Singodi chhindwara ,M. P.-480223
                   Experience- 5 years

            98.    Sadhna Bisen, Aged about 30 Years
                   Post -Faculty Cum System Administrator (FCSA)
                   Group -C
                   D/o Tekchand Bisen
                   Posted at -Jawahar Navodaya Vidyalaya,
                   Kabirdham State- Chhattisgarh PIN - 4919
                   Experience- 6 years

            99.    Saddam Hussain, Aged About 33 Years
                   Post - Faculty Cum System Administrator (FCSA)
                   Group -C
                   S/o - Irshad Hussain
                   Posted at - Jawahar Navodaya Vidyalaya,
                   Dholpur, Dist - Dholpur (Raj.) Pin- 328001
                   Experience - 5 Years.

            100.   Amit Kumar Gupta, Aged About 39 Years
                   Post -Faculty Cum System Administrator (FCSA)
                   Group -C
                   S/o Ramlal Sah
                   Posted at -Jawahar Navodaya Vidyalaya,Champhai,
                   Mizoram State Mizoram PIN - 796310
                   Experience- 4 years
            101.   Rana Pratap, Aged About 37 Years
                   Post -Faculty Cum System Administrator (FCSA)
                   Group -C
                   S/o Shri Sanjay Kumar Singh
                   Posted at -Jawahar Navodaya Vidyalaya, Latehar,
                   PO - Railway Station Latehar
                   DIST. - Latehar,Jharkhand - 829207
                   Experience -05 Years

            102.   Atul Kumar Dubey, Aged About 32 Years
                   Post - Faculty Cum System Administrator (FCSA)
                   Group -C
                   S/o Sh. Anjani Kumar Dubey
                   Posted at - Navodaya Vidyalaya, Khurai
                   Dist - Sagar (M.P.) Pin- 470117
                   Experience - 6 Years
                                       19
Item No.29/ C-3                                                   OA No.3702/2023




            103.   Radha Kishan, aged about 28 years
                   Post -Faculty Cum System Administrator (FCSA)
                   Group -C
                   S/O Shri Kaluram Rewad,
                   Posted at -Jawahar Navodaya Vidyalaya, Pallu,
                   Hanumangarh, Raj., Pin-335524
                   Experience-4 Years

            104.   Sanjana Boudh, Aged About 26 Years
                   Post - Faculty Cum System Administrator (FCSA)
                   Group -C
                   S/o Late Mukesh Boudh
                   Posted at -Jawahar Navodaya Vidyalaya, Thandala
                   DISTT - JHABUA - 2 (M.P.)
                   Experience - 5 Years.

            105.   Md Yajaj Raja Khan, Aged About 33 Years
                   Post -Faculty Cum System Administrator (FCSA)
                   Group -C
                   S/O Shri Hamid Khan
                   Posted at -Jawahar Navodaya Vidyalaya,
                   Balrampur PO - Tagarmahri,
                   DIST. - Balrampur ( Chhattisgarh) - 497119
                   Experience :     05 Years

            106.   Aruna Rankoshal , Aged About 30 Years
                   Post - Faculty Cum System Administrator (FCSA)
                   Group -C
                   S/o Sh. Shivnarayan
                   Posted at - Navodaya Vidyalaya, arniyakal
                   Dist - Shahjahapur (M.P.) Pin- 465333
                   Experience - 5 Years.
            107.   Amit Kumar Singh, Aged about 30 Years
                   Post -Faculty Cum System Administrator (FCSA)
                   Group -C
                   S/o Janak Deo Singh
                   Posted at -Jawahar Navodaya Vidyalaya, Purba
                   Medinipur, West Bengal.
                   Vill - Kapaseria, P.S. MahisadalWest Bengal Pin -
                   721628
                   Experience - 04 Years

            108.   Aarzoo Tamanna, Aged about 29 Years
                   POST - Faculty Cum System Administrator (FCSA)
                   GROUP- C
                   D/O- Safiullah Khan
                   Posted at- Jawahar Navodaya Vidyalaya,
                   Bisahi, Sheohar, Bihar - 843334
                   Experience- 3 years
                                      20
Item No.29/ C-3                                                 OA No.3702/2023




            109.   Nandlal Kumar Yadav ,
                   Aged About 30 Years
                   Post - Faculty Cum System Administrator (FCSA)
                   Group -C
                   S/O - Late Keshar Yadav
                   Posted at - Jawahar Navodaya Vidyalaya, Pakur2 ,
                   Dist - Pakur (Jharkhand) Pin- 816106
                   Experience - 3 Years.

            110.   Shailly Richhariya , Aged About 32 Years
                   Post - Faculty Cum System Administrator (FCSA)
                   Group -C
                   D/O - late Nandram Richhariya
                   Posted at - Navodaya Vidyalaya, damoh M.P.
                   Pin-470775
                   Experience - 3 Years.

            111.   Ramanand Dhuri, Aged About 31 Years
                   POST - Faculty Cum System Administrator (FCSA)
                   Group - C
                   S/o Ishwar Prasad Dhuri
                   Posted at -Jawahar Navodaya Vidyalaya 1,
                   Gondiaguda,
                   Malkangiri State- Odisha PIN - 764048
                   Experience- 3 years
            112.   Dharmendra Gwal , Aged about 32 Years
                   Post-Faculty Cum System Administrator (FCSA)
                   Group - C
                   S/o Narayan Prasad Cwal
                   Posted at -Jawahar Navodaya Vidyalaya,Bajrang Garh
                   Distt Guna M.P. Pin- 473249
                   Experience- 3 years

            113.   Monal Vijay Dahake, Aged About 28 Years
                   Post - Faculty Cum System Administrator (FCSA)
                   Group -C
                   D/O - Vijay Shaligram Dahake
                   Posted at - PM Shri Jawahar Navodaya Vidyalaya,
                   shegaon Dist.Buldana Maharashtra. 444203
                   Region - Pune
                   Experience - 03 Years.

            114.   Sheetal Chandel , Aged about 31 years.
                   Post -Faculty Cum System Administrator (FCSA)
                   Group -C
                   D/O - Shri Dashrath Chandel
                   Posted at -Jawahar Navodaya Vidyalaya,
                   Badwara Katni, M. P. 483773.
                   Experience -03 year
                                      21
Item No.29/ C-3                                                   OA No.3702/2023




            115.   Priyesh Srivastava ,Aged about 36 years.
                   Post -Faculty Cum System Administrator (FCSA)
                   Group -C
                   S/O - Shri Ranjeet Lal Srivastava
                   Posted at -Jawahar Navodaya Vidyalaya,
                   Ghazipur U. P.-233001.
                   Experience-2 Years

            116.   Mrunmai Sonawane. Aged about 34 years.
                   Post -Faculty Cum System Administrator (FCSA)
                   Group -C
                   D/O Sh. Nilkanth
                   Posted at -Jawahar Navodaya Vidyalaya,
                   Kharedi vadali crossing Dahod-1 (Gujrat)
                   Pin code-389151
                   Experience-2 Years

            117.   Sachin Gupta, Aged about 27 years
                   Post -Faculty cum System Administrator
                   Group C
                   S/O Late Badri Prasad Gupta
                   Posted at -Jawahar Navodaya Vidyalaya ,
                   Amirpur Badayala Kalchinna 245304
                   Work exp-2 years

                                                  ...Applicants
        (By Advocate : Mr. Manish Kumar)

                                Versus
            1. Union of India
            Through Secretary,
            Ministry of Education
            Shastri Bhawan, New Delhi-110001

            2. Navodaya Vidyalaya Samiti
            Through Commissioner, Navodaya Vidyalaya Samiti
            B-15, Institutional Area, Sector-62
            Noida-Uttar Pradesh

                                                  ...Respondents

             (By Advocate: Mr. S. Rajappa with                     Mr.     R.
             Gowrishankar and Shri Ashish Singh)
                                        22
Item No.29/ C-3                                                   OA No.3702/2023




                                       ORDER

By Hon'ble Mrs. Pratima K. Gupta, Member (J) :-

Earlier, the instant OA was decided on 01.12.2023 by the Tribunal vide the orders reproduced below verbatim:-
"MA No.4222/2023
The present MA has been filed by the applicants seeking permission of this Tribunal to join together in a single Application.

2. For the reasons mentioned therein, the MA is allowed.

OA No.3702/2023

3. The instant OA has been filed by the applicants under Section 19 of the Administrative Tribunals Act 1985, seeking the following relief(s):-

"i Direct the respondent to remove the essential qualification of CTET and B.Ed. Degree from the Recruitment Rules of TGT (Computer Science) ii. Direct the respondent to regularize the service of the applicants with all consequential benefits from the date of respective appointment for all practical purposes.
iii. Pass such other and further orders as this Hon'ble Tribunal may deem fit."
23
Item No.29/ C-3 OA No.3702/2023
4. The applicants in the instant O.A. are working as Faculty cum System Administrator (FCSA) for the last 18 years on certain guidelines. The same are not on record. However, Learned counsel for the applicants refers to rules dated 12.04.2023 annexed by him. These according to him, are exactly the one against which the applicants have been appointed. The respondents have come out with amendments in the RRs for the post of TGT (Computer Science) annexed at page 89. He states that earlier, the applicants are eligible to be considered for the post of TGT (Computer Science) as the applicants met the educational qualification prescribed for the post of FCSA, as well as TGT (Computer Science). The applicants possess the qualification for TGT (Computer Science) with the different Bodies/Departments imparting computer science education and the applicants were entitled for regularization on the said posts. In view of the new RRs, the fresh cadre has been created by the respondents. As a result, the case of the applicants will not be considered for TGT (computer science). They are aggrieved by the amendment in the Recruitment Rules (RRs) for the post of TGT; the applicants have made representation on 30.06.2023 (Annexure A-5).
5. Learned counsel for respondents vehemently opposes the present OA and states that representation was preferred only on 30.06.2023. The OA is premature as the applicants have approached this Tribunal before the expiry of six months' time prescribed in the CAT (Procedure) Rules. He states that the respondents have not been given appropriate time to decide the pending representation of the applicant.
24
Item No.29/ C-3 OA No.3702/2023
6. Heard the learned counsel for the parties.
7. The applicants were appointed to the post of FCSA on contractual basis and are seeking regularization in terms of Para 8(ii) of the OA to the said post with all consequential benefits. At the same time they seek removal of essential qualification of CTET and B.Ed. Degree from the Recruitment Rules of TGT (Computer Science). Clearly these are two different and distinct prayers. Applicants who are working on the post of FCSA, according to our considered opinion, cannot seek removal of essential qualification with respect to different post i.e. TGT (Computer Science).
The RRs thereof amended by the respondents have been made applicable universally. There might be several persons who were benefited by the amendments in the recruitment rules, however, they are not before us. We are conscious of our limited jurisdiction. We cannot interfere in the administrative exercise initiated by the respondents. Since no advertisement or vacancy circular has been placed on record, therefore, there is no cause of action that accrued in favor of the applicants. This OA is in the form of public interest litigation (PIL).
8. For the reasons explained hereinabove, the OA does not warrant any interference.

The same is accordingly, dismissed.

There shall be no order as to costs."

25

Item No.29/ C-3 OA No.3702/2023

2. The applicants assailed the aforesaid order passed by the Tribunal dated 01.12.2023 before the Hon'ble High Court of Delhi in Writ Petition No.3862/2024. The Hon'ble High Court while disposing of the said Writ Petition on 15.03.2024 observed as under:-

"4. Having heard learned counsel for the petitioners, we find absolutely no reason to differ with this view taken by the learned Tribunal. At this stage, learned counsel for the petitioners submits that the petitioners had made an alternative prayer before the Tribunal seeking a direction to the respondents to regularize the petitioners on the posts on which they have been working for the last 18 years, which prayer has not been considered by the learned Tribunal, while disposing off the O.A. Upon a perusal of the impugned order, we are inclined to agree with the learned counsel for the petitioners in this regard. Learned counsel for the respondent who appears on advance notice also does not dispute this position.
5. Accordingly, while rejecting the petitioners' challenge to the findings given by the learned Tribunal in the impugned order, we set aside the impugned order only to the extent that it does not consider prayer (ii) sought in the O.A. Consequently, the writ petition is, accordingly disposed of by remanding the matter back to the learned Tribunal for adjudication of the petitioners' prayer (ii) made in the O.A.
6. List before the learned Registrar of the 26 Item No.29/ C-3 OA No.3702/2023 learned Tribunal on 22.03.2024 for further proceedings."

3. Accordingly, the OA has been listed for re- consideration only to the extent of prayer made under para 8(ii). The matter was taken up for hearing on 30.04.2024 and called twice, but learned counsel for the applicant did not appear. Accordingly, the following order was passed on 30.04.2024:-

"The OA has been taken up on account of urgency in the matter for final hearing and disposal, especially in light of the fact that there is an interim order, which is restraining the respondents from carrying out further recruitment whose process is already set in motion.
When the OA was taken up for hearing, the proxy counsel, who had appeared on behalf of the applicant had sought a pass over to enable Mr. Manish Kumar, the arguing counsel to put an appearance. Despite a very heavy cause-list, a short accommodation was given by us, however, none has appeared in the revised call.
Order reserved.
                  PRATIMA K GUPTA                 TARUN SHRIDHAR
                   MEMBER (J)                       MEMBER (A)
                                       27
Item No.29/ C-3                                               OA No.3702/2023




Later on, Mr. Manish Kumar, learned counsel for the applicant, puts an appearance and submitted that he could not attend the Court when the item was called in the revised call as he was under the bonafide impression that it would be taken up at the end of the board.
Since, we have reserved the order, we have obtained the rejoinder affidavit, which he intended to file to be treated as written synopsis."

4. The learned counsel for the applicant has filed written submissions narrating the facts in the OA.

5. The Learned counsel for the applicant by way of written submissions has submitted that the applicants in the instant O.A. are working as Faculty cum System Administrator (FCSA) for the last 19 years on certain guidelines of the respondents. The Computer Education Programme is a regular activity and it has been referred in the respondents' own correspondence dated 11.04.2001 that preferences may be given to those candidates having computer related knowledge while appointing SUPW teachers so that their services may be utilized in imparting education in JNVs. In paragraph 8 of the letter dated 11.04.2001, it was specifically mentioned that 28 Item No.29/ C-3 OA No.3702/2023 "Since the Finance Committee of the Samiti directed for the appointment of FCSA for only one year and the Computer Education Programme is a regular activity, regional offices/concerned wing may be requested to give preference to those candidates having computer-related knowledge while appointing SUPW teachers so that SUPW teachers may be utilized for computer education in JNVs." However, the respondents kept on appointing the FCSA on contractual basis right from the year 2001 to till date. It has also been submitted that computer education programme is a mandatory programme without which the schools cannot be operated. In the year 2011, the Commissioner had recommended for securing regular/sanctioned posts of FCSA, however, the respondents have continuously issued circulars and notifications to deny the regularization of FCSAs. It is submitted that similarly placed persons approached this Tribunal by way of OA No.48/2020 titled Amit Ranjan Vs. Jawahar Navodaya Vidyalaya Samiti & Ors. The said OA was dismissed. In another matter titled MD. Auranzeb Alam & Ors. Vs. UOI & Ors. in OA No.76/2021, the claim for regularization was put forth. 29

Item No.29/ C-3 OA No.3702/2023 However, the said OA was also dismissed on 08.10.2020. The applicants therein assailed the said order of the Tribunal before the Hon'ble High Court of Delhi in Writ Petition No.6634/2021. The Hon'ble High Court vide order dated 21.10.2021, granted stay, which was confirmed by order dated 07.12.2021. The order of the Hon'ble High Court granting stay dated 07.12.2021 reads as under :-

"4. Ms Ritu Sharma, learned counsel for the petitioners, says that, she has been served a copy of the counter-affidavit only on

06.12.2021, and that she requires time to file a rejoinder.

4.1. The request made by the counsel for the petitioners is not opposed by the counsel for the respondents.

4.2. Accordingly, rejoinder will be filed within the next three weeks.

5. Interim order dated 21.10.2021 is made absolute, during the pendency of the proceedings. Accordingly, CM APPL.

23801/2021 is disposed of.

6. List the matter on 20.05.2022."

6. It has further been submitted that in spite of adopting legal recourse seeking regularization, the NVS continuously issued circulars and notifications to deny 30 Item No.29/ C-3 OA No.3702/2023 benefits and continuity to the FCSAs. The respondents have gone ahead to the extent of initiating a process of engagement of Trained Graduate Teacher (TGT) (Computer Science) on contract basis with an intention to terminate the services of the applicants. According to them, the respondents are engaging persons in IT and Computer Department for more than a decade, however, they have still not created permanent posts of FCSA, who are imparting training to Classes from 6th to 10th. The applicants are also performing clerical and other communicative jobs, but on contractual basis.

7. The applicants have argued that they possess the requisite qualification for the post of FCSA, joined NVS and they have a spotless, unblemished and clean service record, maintaining high level of integrity towards NVS. The applicants are discharging all the duties that may be discharged by the regular TGT with the NVS. They submit that on the one hand posts of FCSA are not being sanctioned and on the other hand, the respondents are creating various posts in NVS, ignoring the legitimate rights of applicants. On 22.04.2019, the respondents 31 Item No.29/ C-3 OA No.3702/2023 themselves instructed to all the Principals of JNVs that the minimum five years' contract be made for the contractual FCSAs in place of year to year basis, they further add. However, the same was also not done. It is further submitted that in the 36th Executive Committee meeting of the NVS held on 06.03.2009, a proposal to enhance the salary of contractual list, as per NCERT notification was made and respondents are already paying the enhanced salary to various other contractual employees, however, the same is not implemented in the case of the applicants.

8. It is submitted that the applicants are entitled to be considered for regularization to the post of TGT itself. In pursuance of the Recruitment Rules as amended vide notification dated 14.06.2023 but for the corrigendum dated 16.06.2023, wherein Central Teacher Eligibility Test (CTET) and B.Ed have been added to the RRs, by which the applicants have been rendered ineligible. They state that in terms of the qualification possessed by the applicants, they were fully eligible to be considered for 32 Item No.29/ C-3 OA No.3702/2023 regularization to the post of TGT as they meet all the eligibility criteria prescribed in the un-amended rules. The applicants have been put to disadvantage by amendment of rules and accordingly, by virtue of their working interruptedly for about two decades, they should be considered for regularization to the post of TGT.

9. Learned counsel for the respondents while drawing strength from the reply has argued that the applicants were appointed by the respondents on contractual basis for a period of 10 months on need basis of NVS. The term of contractual employment was extended from time to time on need basis. The applicants were eligible in terms of the guidelines prescribed by the NVS and appointed thereto. It is stated by the respondents that after the meeting of the 43rd Executive Committee Meeting and 22nd Society Meeting held on 10.04.2023, it was approved to utilize one of the Cabinet sanctioned posts of TGT as TGT (Computer Science) to keep pace with the trend in modern teaching learning process which required the skill of ICT and, therefore, the RRs were accordingly amended. The respondents submit that B.Ed and CTET is an essential 33 Item No.29/ C-3 OA No.3702/2023 qualification for TGT for any stream and accordingly, the applicants not being eligible under the said RRs, cannot be considered for regularization on the said post.

10. We have heard the learned counsel and gone through the pleadings available on record.

11. The only issue before us is whether the applicants who have been engaged on contractual/ need basis should be considered for regularization. We are guided by the recent judgment of the Hon'ble Apex Court in Civil Appeal (arising out of SLP(C) Nos.22241-42 of 2016) titled Vinod Kumar & Ors. etc. Vs. Union of India & Ors. Relying upon the same, the claim of the applicants could be considered primarily on the basis of three factors: (i) continued service of the applicants; (ii) performing duties indistinguishably from those who are permanently working as TGT; (iii) Selection process through a regular recruitment constitute a substantive departure from the temporary and scheme specific nature.

12. The essence of employment and the rights thereof cannot be merely determined by continued working for a 34 Item No.29/ C-3 OA No.3702/2023 long period of time. In the present facts, firstly, the applicants were not appointed against any substantive/regular post. Secondly, the selection process adopted by the respondents is not a mirror image to that of the process adopted for regular appointment. Thirdly, the applicants may be discharging the duties similar to the regular employees i.e. TGT (Computer Science), however, as detailed by the applicants in the O.A. itself, these duties were assigned over and above the duties for which they were appointed and, therefore, they were not performing duties which were purely academic in nature, while the post to which they are seeking regularization sieve through a process for the post which is purely academic in nature. The engagement of the applicants was mainly for technical purpose. The applicants were appointed for discharging such duties which were purely technical in nature and in addition to that they may be imparting computer education. According to us, the same does not entitle them to be appointed as TGT on regular basis. The post to which they are seeking parity i.e. TGT is purely academic in nature and, therefore, the claim of the applicants is misplaced.

35

Item No.29/ C-3 OA No.3702/2023

13. While remitting the matter, the Hon'ble High Court of Delhi had quashed the impugned order of the Tribunal only to the extent that the Tribunal did not consider prayer 8 (ii) sought in the OA. However, the Hon'ble High Court upheld the findings with respect to the amendment in the RRs and, therefore, the applicant's claim for the post of TGT (Computer Science) for regularization cannot be interfered with. We conclusively hold that in view of what has been elaborately outlines above, relief prayed for in para 8(ii) is not admissible.

14. In view of the aforesaid observations, the OA is dismissed.

Pending MAs, if any, shall stand disposed of There shall be no order as to costs.





       ( Pratima K. Gupta )                     ( Tarun Shridhar )
          Member (J)                                Member (A)

       /rk/