Central Administrative Tribunal - Delhi
Pooja Dua vs Govt. Of Nct Of Delhi on 6 January, 2009
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH OA No. 2729/2008 New Delhi, this the day of January, 2009 HONBLE MR. JUSTICE V.K.BALI, CHAIRMAN HONBLE MR. L.K.JOSHI, VICE CHAIRMAN (A) Pooja Dua, W/o Shri Sanjay Kumar, R/o H.No.788/28, Bharat Colony, Rohtak (Haryana) Applicant (By Advocate: Shri K.S. Chauhan) Versus 1. Govt. of NCT of Delhi, Through its Secretary, Department of Education, New Secretariat, IP Estate, New Delhi-110002 2. Govt. of NCT of Delhi, Through its Director, Department of Education, Old Secretariat, Delhi-110054 3. Govt. of NCT of Delhi, Through its Chairman, Delhi Subordinate Services Selection Board, FC-18 Institutional Area, Karkardooma Near Railway Reservation Centre, Delhi-110092 Respondents ORDER
Mr. L.K.Joshi, Vice Chairman (A) The short point to be decided in this OA is whether the Applicant, who has a degree of M.Sc. (Food Technology), B.Sc. (Home Science) and B.Ed., would be eligible for appointment to the post of Post Graduate Teacher (PGT) in Home Science as per the existing Recruitment Rules (RRs) for the above post.
2. The facts of the case, in a nutshell are that the Applicant completed her degree of B.Sc. (Home Science), after which she passed in M.Sc. (Food Technology) and also completed her B.Ed. degree from various Universities in Haryana. The Applicant also qualified in the National Eligibility Test (NET), which is conducted by the University Grants Commission (UGC) in the subject of Home Science. The Applicant has been working since the academic session of 2007-08 in the University College, Kurukshetra in the subject of Home Science. The University College, Kurukshetra is being run by the Kurukshetra University.
3. The Applicant had applied for the post of PGT in Home Science in the Government of NCT of Delhi. The examination for the selection was conducted by the third Respondent i.e. the Delhi Subordinate Services Selection Board (DSSSB). The second Respondent, the Directorate of the Department of Education issued an offer of appointment to the Applicant, on her being successful in the test for selection by letter dated 9.05.2008. The Applicant was also asked, in the same letter, to appear before the concerned authorities for verification of degrees and qualifications. Thereafter by order dated 24.11.2008, the offer of appointment issued by letter dated 9.05.2008 was cancelled with retrospective effect on the ground that the Applicant did not fulfil the educational qualifications prescribed in the RRs for the post of PGT (Home Science). This order has been impugned in this OA.
4. The educational qualifications required for direct recruits in the RRs have been reproduced below:
7. Educational and other qualifications required for direct recruits:
M.Sc. (Home/ Science) from a recognized University.
OR B.Sc. (Home Science), B.Ed from a recognized University provided the teacher has satisfactorily pursued a condensed course in Home Sc. through three consecutive summer institutes or through one year evening course.
5. The learned counsel for the Applicant has assiduously tried to convince us that the degree of M.Sc. (Food Technology) is the same as the degree of M.Sc. (Home Science). First, it is contended that the course content of M.Sc. (Home Science) and M.Sc. (Food Technology) is the same. Mark sheet in respect of a candidate, who passed M.Sc. (Final) Examination from Kurukshetra University has been annexed as Annex A-3 in which various papers taught in the final year of M.Sc. (Home Science) have been mentioned. It is urged that the course content of M.Sc. (Food Technology) is identical to the course content of M.Sc. (Home Science). The course content of M.Sc. (Food Technology), as given in the mark sheet has also been annexed at pages 27 to 30 of the paper book. Second, it is contended that the UGC has passed the Applicant in NET and found her suitable for teaching the subject of Home Science. The certificate from the UGC is at Annex A-4. Third, it is contended that the Applicant is teaching the subject of Home Science in the University College of Kurukshetra from the session of 2007-08. The letter by which the Applicant has been engaged as Teaching Associate in the aforementioned College is at Annex A-5. Fourth, a certificate form Guru Jambheshwar University of Hisar has been enclosed, which states that the Applicant is competent to teach Home Science (Nutrition) and allied papers. Another certificate has been issued from the same University, which is dated 6.10.2008, which states that M.Sc. (Food Technology) has relevance to M.Sc. (Food Nutrition). On the basis of the above, the learned counsel would contend that the Applicant is fully qualified to be appointed as PGT (Home Science).
6. We have heard the learned counsel for the Applicant and gone through the record with his assistance.
7. The selection for a particular post has to be on the basis of the RRs for that particular post. The Applicants appointment in the University College of Kurukshetra to teach the subject of Home Science would have no relevance in so far as her eligibility for appointment as PGT (Home Science) under the first Respondent is concerned. Her qualification in the subject of Home Science in NET, conducted by the UGC also has no relevance for her appointment under the first Respondent. The RRs, which the Applicant has reproduced in paragraph 4.3 of the OA provide the educational qualification to be M.Sc. (Home Science) or B.Sc. (Home Science) with B.Ed. with the proviso that the candidate should have satisfactorily pursued a condensed course in Home Science through three consecutive summer institutes or through one year evening course. The educational qualifications mentioned in the RRs do not at any place stipulate that the candidate should have a degree of M.Sc. (Home Science) or an equivalent degree. Unless it is stipulated in the RRs that the Applicant should have either M.Sc. in (Home Science) or an equivalent degree from a recognized university, the candidate with M.Sc. in the subject of Food Technology cannot be considered eligible for the post of PGT (Home Science).
8. On the basis of above discussion, we find no merit in the OA, which is dismissed in limine.
( L.K. JOSHI ) ( V.K. BALI ) Vice Chairman (A) Chairman /dkm/