Central Administrative Tribunal - Delhi
Rajesh vs Delhi Subordinate Services Selection ... on 6 September, 2019
Central Administrative Tribunal
Principal Bench, New Delhi.
OA-2653/2019
With
OA-2655/2019
New Delhi this the 6th day of September, 2019.
Hon'ble Mr. Justice L. Narasimha Reddy, Chairman
Hon'ble Mr. Mohd. Jamshed, Member (A)
OA-2653/2019
Rajesh Group-B (TGT Teacher)
Aged about 29 years
S/o Ranbir Singh,
R/o H.No. 315, Rithal Phogat,
Rithal Phogat (76), Rithal,
Rohtak, Haryana-124303. ... Applicant
Versus
1. Delhi Subordinate Services Selection Board
FC-18, Institutional Area, Karkardooma,
Delhi-110092
Through its Chairman.
2. Govt. of NCT of Delhi
Director of Education
Old Secretariat,
Delhi
Through its Director.
3. Maharshi Dayanand University
Rohtak-124001
Haryana
Through its Registrar. .... Respondents
OA-2655/2019
Lalit
Aged about 29 years
S/o Babul Lal
R/o H.No. 1300, Harijan Mohalla
Alwarpuri(62), Palwal
Haryana-121102. .... Applicant
Versus
2
OA-2653/2019 with OA-2655/2019
1. Delhi Subordinate Services Selection Board
FC-18, Institutional Area, Karkardooma
Delhi-110092
Through its Chairman.
2. Govt. of NCT of Delhi
Director of Education
Old Secretariat,
Delhi
Through its Director.
3. Maharshi Dayanand University
Rohtak-124001
Haryana
Through its Registrar. ..... Respondents
(Advocates for Applicants: Mr. Pradeep Kumar Arya, Mr. Raj
Karan Sharma and Mr. Aditya yadav)
(Advocate for Respondents: Ms. Esha Mazumdar for GNCTD)
: O R D E R (ORAL) :
Justice L. Narasimha Reddy, Chairman :
In these applications similar question of facts and law arise, hence, they are disposed of together. The Delhi Subordinate Services Selection Board (DSSSB) issued an advertisement inviting applications for selection of candidates for appointment of different categories of teachers in the Delhi Administration. The applicant in OA No. 2653/2019 applied for the post of TGT (Drawing) with post code No. 91/17 whereas the applicant in OA No. 2655/2019 applied for the post of TGT (Urdu) Male with post code No. 146/17. Their candidature was rejected on the ground that the bachelor degrees held by them do not fit into prescribed qualifications. Hence these two OAs are filed. 3
OA-2653/2019 with OA-2655/2019
2. The applicants contend that in the Universities in which they studied, there existed a facility of studying an additional subject and, accordingly, they studied Drawing and Urdu in the respective Universities, in addition to the normal degree course. It is stated that once the Universities have conducted examination in those subjects and issued mark-sheets, there was no basis for the respondents to refuse to except their candidature.
3. We heard Mr. Pradeep Kumar Arya, Mr. Raj Karan Sharma and Mr. Aditya yadav, learned counsel for the applicants and Ms. Esha Mazumdar, learned counsel for the respondents at the stage of admission itself at length.
4. In the first OA, the post involved is Drawing Teacher. The qualifications prescribed for the post are as under:-
"Post Code:-91/17 Name of the post:- Drawing Teacher Number of Vacancies:- (Total-295 )- (UR-105, OBC-122, SC-48, ST-20) including PH-09 (OH-05 & VH-04) Educational Qualification:- Essential:- 1. Five years Diploma in Drawing /Painting/ Sculpture/ Graphic Art from a university/institute recognized by the Govt. of India.
OR
2. Master's Degree in Drawing and Painting/Fine Art from a recognized university.
OR
3. Bachelor's Degree in Drawing/Painting/Fine Art plus two years full time Diploma in Painting/Fine Art from a recognized university/ institution.
Desirable:-Studied Hindi as a subject up to Secondary/Senior Secondary school level .Experience:- Essential:- Nil Desirable:- Nil 4 OA-2653/2019 with OA-2655/2019 Pay Scale:- 9300-34800 + Grade Pay 4600 Group: 'B' Age Limit:- Not exceeding 30 years, Age Relaxation will be given as per the table regarding age relaxation given below at para 6.
Kashmiri Migrant Teachers:-One time relaxation in the upper age limit for the numbers of years served as teacher in Dte. of Education."
5. Clauses 1 and 2 do not apply to the applicant since he did not obtain five years Diploma or Master's Degree. What he possesses is a Bachelor Degree in Arts, of the year 2012; from Maharshi Dayanand University, Rohtak. He is said to have studied Drawing, as an additional subject in the year 2016; that too by distance mode. Even if it is true, the Bachelor Degree cannot be treated as the one in Drawing. The qualification stipulated is, study of the subject drawing at Bachelor level. When the main degree itself was totally unrelated to the Drawing, the mere fact that the applicant has taken up Drawing as an additional subject, without leading to conferment of the degree, does not bring him within the stipulated qualification.
6. Same situation obtains in the OA No. 2655/2019 also. The qualifications stipulated by the respondents, reads as under:-
5
OA-2653/2019 with OA-2655/2019
7. The degree obtained by the applicant is the one in Bachelor of Arts, that too, by way of distance mode and it is not the one in Modern Indian Language (MIL). Having obtained the Bachelor Degree in the year 2014, the applicant is said to have studied Urdu as an additional subject in the year, 2016. Same reasons as furnished to the 6 OA-2653/2019 with OA-2655/2019 one in OA-2653/2019 hold good for OA-2655/2019 also. Therefore, both these OAs are dismissed. There shall be no order as to costs.
(Mohd. Jamshed) (Justice L. Narasimha Reddy) Member (A) Chairman /ankit/