Central Administrative Tribunal - Delhi
Annu Sharma vs Govt. Of Nctd on 19 May, 2023
1 OA No. 3364/2018
Central Administrative Tribunal
Principal Bench: New Delhi
OA No.3364/2018
MA No. 3762/2018
MA No.3763/2018
Order reserved on: 28.04.2023
Order pronounced on: 19.05.2023
Hon'ble Mr. Anand Mathur, Member (A)
Hon'ble Mr. Manish Garg, Member (J)
1. Annu Sharma
Aged about 19 years,
D/o Mukesh Kumar Bhardwaj
R/o H. No. 178, Village & Post Office Rani Khera,
Delhi-110081
Post: Teacher (Primary)
Post Code: 1/18
Group - B
2. Himanshu
Aged about 20 years,
S/o Sushil Sharma
R/o A-651, Mahavir Enclave Part-2, Street No.17,
New Delhi-110059
Post: Teacher (Primary)
Post Code: 1/18
Group - B
3. Vishakha Gour
Aged about 21 years,
D/o Sunder Lal Sharma
R/o Flat No. 177, Pocket-6, Plot-21,
Samarpan Kunj, Nasirpur, Dwarka Sector-1A,
New Delhi-110045
Post: Teacher (Primary)
Post Code: 1/18
Group - B
2 OA No. 3364/2018
4. Mohd. Faraz Mirza
Aged about 20 years,
S/o Khusro Mirza
R/o 173-E, Pocket-4, Mayur Vihar-1,
Delhi-110091
Post: Teacher (Primary)
Post Code: 1/18
Group - B
5. Sunil Kumar
Aged about 21 years,
S/o Pal Singh
R/o C-41, Sanjay Colony Bhatti Mines
New Delhi-110074
Post: Teacher (Primary)
Post Code: 1/18
Group - B
6. Himanshu
Aged about 22 years,
S/o Ishwar Singh Dhaniya
R/o Plot No. 19, Siraspur, Colony, Delhi-110042
Post: Teacher (Primary)
Post Code: 1/18
Group - B
7. Samreen
Aged about 21 years,
D/o Mohd. Sabir
R/o 2232, Ahata Hajjan Bi, Rod Gran Kuan,
Delhi-110006
Post: Teacher (Primary)
Post Code: 1/18
Group - B
8. Priyanka
Aged about 20 years,
D/o Ram Kumar
R/o B-1/107, Yamuna Vihar, Delhi-110053
Post: Teacher (Primary)
Post Code: 1/18
Group - B
3 OA No. 3364/2018
9. Rahul
Aged about 23 years,
S/o Karan Singh
R/o VPO Kharkara, Tehsil Meham Distrist Rohtak
Haryana-124111
Post: Teacher (Primary)
Post Code: 1/18
Group - B
10. Simran Nagpal
Aged about 19 years,
D/o Rajeev Nagpal
R/o B-205, West Patel Nagar, Delhi-110008
Post: Teacher (Primary)
Post Code: 1/18
Group - B
11. Vaishnavi Nagpal
Aged about 23 years,
D/o Rajiv Nagpal
R/o B-205, West Patel Nagar, Delhi-110008
Post: Teacher (Primary)
Post Code: 1/18
Group - B
12. Sombir
Aged about 29 years,
S/o Rishi Pal
R/o H. No. 185, Vaidh Panna Village Mundhela Kalan,
New Delhi-110073
Post: Teacher (Primary)
Post Code: 1/18
Group - B
13. Tanisha Singh
Aged about 19 years,
D/o Vijendra Singh
R/o P-13, Sanjay Nagar, Sector-23, Ghaziabad.
Uttar Pradesh
Post: Teacher (Primary)
Post Code: 1/18
Group - B
4 OA No. 3364/2018
14. Abhishek Sharma
Aged about 19 years,
S/o Vinod Kumar
R/o D-570, Hanuman Mandir Road, Ashok Nagar,
Shahadra, Delhi
Post: Teacher (Primary)
Post Code: 1/18
Group - B
15. Varsha Singh
Aged about 22 years,
D/o Raghuvar Dayal Singh
R/o D-60, Govindpuram, Ghaziabad, Uttar Pradesh
Post: Teacher (Primary)
Post Code: 1/18
Group - B
16. Vatsala
Aged about 19 years,
D/o Arun Kumar
R/o F-63 Panchsheel Garden Naveen Shahadra, Delhi
Post: Teacher (Primary)
Post Code: 1/18
Group - B
17. Sheetal
Aged about 20 years,
D/o Sunil
R/o Gali No.12, Surender Colony, Part-II,
Jharoda Burari, Delhi
Post: Teacher (Primary)
Post Code: 1/18
Group - B
18. Kehar Singh
Aged about 23 years,
S/o Ishwar
R/o VPO Dhanana Tehsil Gohana District Sonipat
Haryana-131304
Post: Teacher (Primary)
Post Code: 1/18
Group - B
5 OA No. 3364/2018
19. Samiksha Khattar
Aged about 21 years,
D/o Madan Lal Khattar
R/o H-40, Street No.3, Old Arjun Nagar, Delhi-110051
Post: Teacher (Primary)
Post Code: 1/18
Group - B
20. Neha Rajput
Aged about 21 years,
D/o Anirudh Singh
R/o C-65, Om Nagar, Meethapur, Badarpur,
New Delhi-110044
Post: Teacher (Primary)
Post Code: 1/18
Group - B
21. Amit Rana
Aged about 21 years,
S/o Surender Rana
R/o Flat No. 39, Police Quarters Sector-3, Rohini,
Delhi-110085
Post: Teacher (Primary)
Post Code: 1/18
Group - B
22. Shreya Mahajan
Aged about 21 years,
D/o Rajesh Mahajan
R/o 13/99, Subhash Nagar, New Delhi-110027
Post: Teacher (Primary)
Post Code: 1/18
Group - B
23. Akhil Chaudhary
Aged about 19 years,
S/o Samunder Singh
R/o VPO Karontha, Tehsil & Distt. Rohtak, Haryana
Post: Teacher (Primary)
Post Code: 1/18
Group - B
6 OA No. 3364/2018
24. Pinky
Aged about 26 years,
D/o Attar Singh
R/o VPO Majra Dabas, New Delhi-110081
Post: Teacher (Primary)
Post Code: 1/18
Group - B
25. Himanshi
Aged about 19 years,
D/o Jagdish Tyagi
R/o H. No. 107, Mangal Bazar Gali, (Near Janta Medical
Store), Burari Delhi-110084
Post: Teacher (Primary)
Post Code: 1/18
Group - B
26. Shivani Tyagi
Aged about 19 years,
D/o Krishan Kumar Tyagi
R/o H. No. 274, VPO Burari, Delhi-110084
Post: Teacher (Primary)
Post Code: 1/18
Group - B
27. Uzma Gulrez
Aged about 21 years,
D/o Mohd. Shahzad
R/o J-981, Jahangir Puri, Delhi-110033
Post: Teacher (Primary)
Post Code: 1/18
Group - B
28. Ritika Gupta
Aged about 23 years,
D/o Anil Gupta
R/o 6/100, Sector-2, Rajendra Nagar, Sahibabad,
District Ghaziabad, UP-201005
Post: Teacher (Primary)
Post Code: 1/18
Group - B
29. Divya Bhatt
Aged about 21 years,
7 OA No. 3364/2018
D/o Mahesh Bhatt
R/o F-113, MIG Flats, GTB Enclave, Delhi-110093
Post: Teacher (Primary)
Post Code: 1/18
Group - B
30. Vanshika Singh
Aged about 21 years,
D/o Om Prakash Singh
R/o C-60, Ranaji Enclave, Opp. Nangli Dairy, Najafgarh,
New Delhi-110043
Post: Teacher (Primary)
Post Code: 1/18
Group - B
31. Sakshi
Aged about 22 years,
D/o Virendra Kumar
R/o D-7, Street No.8, West Jyoti Nagar, Shahdara,
Delhi-110094
Post: Teacher (Primary)
Post Code: 1/18
Group - B
32. Sakshi Jain
Aged about 20 years,
D/o Parveen Kumar Jain
R/o UP-27, Pitampura, Delhi-110034
Post: Teacher (Primary)
Post Code: 1/18
Group - B
33. Chetana
Aged about 19 years,
D/o Banveer Singh
R/o 32, Asalatpur Khawad Village Daulatpur, South
West Delhi, Delhi-110043
Post: Teacher (Primary)
Post Code: 1/18
Group - B
34. Kritika Sharma
Aged about 21 years,
8 OA No. 3364/2018
D/o Joginder Sharma
R/o J-90, Street No.11 Puran Nagar,
Palam Colony,
New Delhi-110077
Post: Teacher (Primary)
Post Code: 1/18
Group - B
35. Prashant Solanki
Aged about 21 years,
S/o Sudesh Kumar
R/o H. No. 183, Pooth Kalan, Delhi-110086
Post: Teacher (Primary)
Post Code: 1/18
Group - B
36. Priya
Aged about 20 years,
D/o Praveen Kumar Chhikara
R/o H. No. 41, Village Tatesar PO Jaunti,
Delhi-110081
Post: Teacher (Primary)
Post Code: 1/18
Group - B
37. Sukriti Bajaj
Aged about 22 years,
D/o Late Raj Kumar Bajaj
R/o WZ-1951, 2nd Floor, Multani Mohalla,
Rani Bagh, Pitampura,
Delhi-110034
Post: Teacher (Primary)
Post Code: 1/18
Group - B
38. Yashika
Aged about 20 years,
D/o Krishan Gopal Chopra
R/o VP-117-A Pitampura, Delhi-110088
Post: Teacher (Primary)
Post Code: 1/18
Group - B
9 OA No. 3364/2018
39. Sweta Chauhan
Aged about 20 years,
D/o Mahendra Singh
R/o H. No. 17, Moti Bagh
Near Nanakpura Gurudwara,
New Delhi-110021
Post: Teacher (Primary)
Post Code: 1/18
Group - B
40. Manisha
Aged about 21 years,
D/o Harish Chand Sahni
R/o G-37, 25/3, Furniture Block Kirti Nagar, New Delhi-
110015
Post: Teacher (Primary)
Post Code: 1/18
Group - B
41. Lakshita
Aged about 20 years,
D/o Inderjeet
R/o 34-E, Block-R, Dilshad Garden, Delhi-110095
Post: Teacher (Primary)
Post Code: 1/18
Group - B
42. Himanshu Rana
Aged about 25 years,
D/o N. S. Rana
R/o RZf-35/+/f, Nayepul Wali Gali, F-Block,
Ashok Park West Sagarpur, Delhi-110046
Post: Teacher (Primary)
Post Code: 1/18
Group - B
43. Ravinder Kumar
Aged about 21 years,
D/o Kallu
R/o New A-298, Shahbad, Dairy Delhi-110042
Post: Teacher (Primary)
Post Code: 1/18
10 OA No. 3364/2018
Group - B
44. Ravi Kumar
Aged about 20 years,
S/o Ram Avtar Sahani
R/o F-6, Karnal Bhatia Road, Vikas Nagar,
New Delhi-110059
Post: Teacher (Primary)
Post Code: 1/18
Group - B
45. Amit Dagar
Aged about 20 years,
S/o Dharambir Singh
R/o H. No. 179, Pole No. 34,
Village & Post Office Malikpur,
New Delhi-110073
Post: Teacher (Primary)
Post Code: 1/18
Group - B
46. Sushma Devi
Aged about 30 years,
D/o Ranbir Singh
R/o VPO Chhara, Tehsil Bahadurgarh,
Distt. Jhajjar, Haryana-124504
Post: Teacher (Primary)
Post Code: 1/18
Group - B
47. Om Gupta
Aged about 22 years,
S/o Sanjay Kumar Gupta
R/o R-Z T/267, Baludyan Road, Uttam Nagar,
New Delhi-110059
Post: Teacher (Primary)
Post Code: 1/18
Group - B
48. Vaishali Dubey
Aged about 22 years,
D/o Ravindra Kumar Dubey
R/o 327, Gali No.3, Bhatta Road, Ghookra Mod,
11 OA No. 3364/2018
Meerut Road, Ghaziabad,
Uttar Pradesh-201001
Post: Teacher (Primary)
Post Code: 1/18
Group - B
49. Khushi
Aged about 19 years,
D/o Arvind Kumar
R/o C-301, Gali No.11, Ganga Vihar,
Delhi-110094
Post: Teacher (Primary)
Post Code: 1/18
Group - B
50. Anjali
Aged about 21 years,
D/o Parveen Dabas
R/o H. No. 682, VPO Kanjhawala, Delhi
Post: Teacher (Primary)
Post Code: 1/18
Group - B
....Applicants
(By Advocate: Mr. Shakib Malik for Mr. Anuj Aggarwal)
Versus
1. Govt. of NCT of Delhi
Through its Chief Secretary,
Delhi Secretariat,
I.P. Estate, New Delhi-110002
2. Delhi Subordinate Services Selection Board (DSSSB),
Through its Chairman
Govt. of NCT of Delhi,
FC-18, Institutional Area,
Karkardooma, Delhi-110092
3. North Delhi Municipal Corporation (NDMC)
Through its Commissioner
Dr. SPM Civil Centre,
J.L. Nehru Marg,
New Delhi - 110002
12 OA No. 3364/2018
4. South Delhi Municipal Corporation (SDMC)
Through its Commissioner
23rd Floor, Civic Centre,
Minto Road,
New Delhi - 110002
5. East Delhi Municipal Corporation (EDMC),
Through its Commissioner
419, Udyog Sadan,
Patparganj Industrial Area,
New Delhi - 110096
6. Central Board of Secondary Education (CBSE)
Through its Chairman
Shiksha Kendra, 2, Community Centre,
Preet Vihar, Delhi-110092
... Respondents
(By Advocate: Ms. Anupama Bansal and Mr. Sameer Sharma)
ORDER
By Hon'ble Manish Garg, Member (J) In the present OA, applicants have challenged the impugned action on the part of Central Board of Secondary Education (CBSE), respondent No.6 herein, in not conducting the Central Teacher Eligibility Test (CTET) in the year 2017 which is one of the essential qualifications for the post of Teacher (Primary) in MCD, notified vide Advertisement No.01/18 dated 26.06.2018 by Delhi Subordinate Services Selection Board (DSSSB), respondent No.2 herein. They further challenge the impugned action on the part of the respondents in not relaxing the CTET qualification for 13 OA No. 3364/2018 appointment on the post of Teacher (Primary) (Post Code 1/18) notified vide Advertisement No.01/18. Aggrieved, they have filed the instant Original Application (OA) under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief(s):
"(i) Set aside the impugned Advertisement No.01/18 dated 26.06.2018 to the extent it fails to grant the one time relaxation to the applicants herein who are seeking appointment on the post of Teacher (Primary) in MCD (Post Code 1/18).
(ii) Declare that the impugned action on the part of the respondents in not relaxing the Central Teacher Eligibility Test (CTET) qualification for appointment on the post of Teacher (Primary) in MCD (Post Code 01/18) notified vide Advertisement No.1/18 dated 26.06.2018) by the Delhi Subordinate Services Selection Board (DSSSB) in case of the applicants, illegal as well as unjustified.
(iii) direct the respondents to consider, and grant, relaxation in the Central Teacher Eligibility Test (CTET) qualification for appointment on the post of Teacher (Primary) in MCD (Post Code 01/18) notified vide Advertisement No.1/18 dated 26.06.2018) by the Delhi Subordinate Services Selection Board (DSSSB) in case of the applicants;
(iv) direct the respondents to consider the candidature of the applicants for appointment on the aforesaid posts treating the applicants to be qualified for the aforesaid posts;
(v) allow the present Application with costs, in favour of the applicants;
(vi) issue any other appropriate order or direction as this Hon‟ble Tribunal may deem fit and proper in the interest of justice and in the favour of the applicants;"
2. Brief facts of the case as enumerated by learned counsel for the applicants are that vide Advertisement No. 01/2018, DSSSB - respondent No.2 herein, invited applications for appointment to the post of Teacher (Primary) in MCD (Post Code 01/18). Applicants herein are duly qualified and satisfy all the requisite conditions/qualifications, as required in the 14 OA No. 3364/2018 aforesaid advertisement for the aforesaid posts except for CTET qualification.
2.1 CBSE conducts the CTET exam twice every year, i.e. once in February and second in September. However, they conducted CTET in September, 2016 and since then no CTET has been conducted till the filing of this OA. The applicants have been deprived of their valuable right to appear in the CTET and acquire the said qualification. 2.2 It is has been submitted that applicants be given an opportunity to appear in CTET examination after submitting their application form for their appointment to the aforesaid posts in terms of Advertisement No.01/2018 dated 26.06.2018. All the applicants have submitted their forms through online mode.
2.3 They also sent a legal notice dated 28.08.2018 to the respondents for grant of relaxation in CTET qualification for their respective posts but to no avail. Hence this OA.
3. On the other hand, learned counsel for respondents vehemently opposed the contentions of the applicants. He relies upon a recent decision passed by the Hon‟ble High Court of Delhi in the case titled Anuj and others vs. Govt. of NCT of Delhi and others, 2021 SCC Online Del 3036, on the same very issue. The relevant part of the judgment is reproduced below:
15 OA No. 3364/2018
"3.2 The Delhi Subordinate Services Selection Board (DSSSB) published a vacancy notice on 12.05.2021 for the purpose of selecting candidates qua various posts including Trained Graduate Teacher(s) (TGTs) for English, Maths & Social Science.
3.3 The essential qualifications prescribed, for applying for the post of TGT, inter alia, required the candidates, admittedly, to have qualified the Central Teacher Eligibility Test (CTET).
3.4. It is argued, on behalf of the petitioners, that the Central Board of Secondary Education (CBSE), which conducts the CTET examination, has not conducted the exam for over a year and a half.
3.5. According to Ms. Mukherjee, the CTET examination, which the CBSE intended to conduct in January 2021, has been postponed to a tentative date in December 2021. 3.6. Ms. Mukherjee says that CBSE‟s failure to hold the CTET exam has marred the petitioners‟ chance in applying for post advertised by the DSSSB.
3.7. It is Ms. Mukherjee‟s contention that, the petitioners should be permitted to sit in examination(s), qua the aforementioned posts, with a caveat that if they succeed, their appointment would be subject to the petitioners clearing CTET exam.
4. On the other hand, Ms. Avnish Ahlawat, standing counsel, who appears on behalf of the respondents, submits that, there can be no relaxation concerning essential qualification.
xxx xxx xxx 4.1 Having heard the learned counsel for the parties, we are not inclined to interfere with the impugned order passed by the Tribunal.
4.2 To our minds, the contention advanced by Ms. Mukherjee, on behalf of the petitioners, cannot be accepted. An essential qualification, qua appointment to a post, cannot be relaxed.
4.3. The CTET Exam, 2021 may have been postponed due myriad reasons, however, that by itself, cannot be the basis for giving a leg-up to the petitioners.
4.4. Any which ways, the contention of the petitioners, in our view, is untenable, as clearing CTET is an essential qualification, for sitting for the exam and being considered for appointment to the post of TGT.
5. Accordingly, the writ petition is dismissed. Pending application shall stand closed."
16 OA No. 3364/2018Conclusion:
4. In view of the above, we are of the considered opinion that the instant case is squarely covered by the decision of Hon‟ble High Court of Delhi in the case of Anuj Kumar (supra). Accordingly, the present OA is dismissed.
5. Pending MA, if any, shall also stand disposed of accordingly.
6. Costs made easy.
(Manish Garg) (Anand Mathur) Member (J) Member (A) „SD‟