Central Administrative Tribunal - Delhi
Manbari vs Govt. Of Nctd on 4 May, 2023
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Item No. 69 (C-4)
O.A. No. 2342/2018
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No. 2342/2018
M.A. No. 2609/2018
This the 4th day of May, 2023
Hon'ble Mr. Anand Mathur, Member (A)
Hon'ble Mrs. Pratima K. Gupta, Member (J)
1. Manbari
Aged about 35 years, D/o Moolchand
R/o C-511, J.J. Camp, Tigri, New Delhi-110062
Post: Assistant Primary Teacher
Post Code: 89/17
Group-B
2. Kamakshi
Aged about 22 years, D/o Gauri Shankar
R/o 425/2B, Gali No. 04, Jharkhandi Road, Bhola Nath Nagar,
Shahdara, Delhi - 110032
Post: Assistant Teacher (Nursery)
Post Code: 88/17
Group - B
3. Shweta Sharma
Aged about 34 years,
D/o Ram Prakash Sharma
R/o H-79, West Jyoti Nagar, Street No. 4, Loni Road,
Shahdara, Delhi - 110094
Post: TGT Natural Science
Post Code: 136/17
Group - B
4. Lavina Mann
Aged about 28 years,
D/o Sunehra Singh
R/o D-11 (A), Prem Nagar, Atlas Road, Sonepat
Post: TGT Social Science
Post Code: 138/17
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Item No. 69 (C-4)
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Group - B
5. Sunil Kumari
Aged about 28 years,
S/o Dilawar Singh,
R/o 119 Gautam Nagar, New Delhi- 110049
Post: Special Education Teacher
Post Code: 87/17
Group-B
6. Ankita Malhotra
Aged about 23 years,
D/o Late Sheshpal Malhotra
R/o H No.A-187/188, Chowkhandi, Tilak Nagar, New Delhi - 110018
Post: Assistant Primary Teacher & Special Education Teacher
Post Code: 87/17 & 89/17
Group - B
7. Sangeeta
Aged about 28 years,
D/o Mohan Tiwari
R/o D-156/B Kunwar Singh Nagar, Nangloi, Delhi - 110041
Post: TGT Sanskrit
Post Code: 145/17
Group-B
8. Savita
Aged about 29 years,
D/o Randhir Singh
R/o H. No. 1714/31, Gali No. 2, Shastri Colony, Gohara Road,
Sonipat
Post: TGT Hindi
Post Code: 141/17
Group-B
9. Asha Rani
Aged about 32 years,
D/o Vinod Verma
R/o A-24, Street No.1, Ekta Enclave, Burari, Delhi-110084
Post: Assistant Primary Teacher
Post Code: 89/17
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Item No. 69 (C-4)
O.A. No. 2342/2018
Group-B
10. Prachi Rana
Aged about 23 years,
D/o Preetpal Singh
R/o H.No. 51, Gali No. 04, Near Community Centre, Khara
Garhi Khera Kalan Delhi
Post: TGT English
Post Code: 132/17
Group-B
11. Harshita Danewa
Aged about 21 years,
D/o Sh. Ajay Danewa
R/o 1/1877, Moti Ram Road, Ramnagar Mansarovar Park,
Shahdara, Delhi-110032
Post: Assistant Teacher Primary
Post Code: 89/17
Group-B
12. Prerna Jindal
Aged about 24 years,
D/o Sunil Kumar Jindal
R/o G-22/139, Sector-7, Rohini, Delhi - 110085
Post: TGT Natural Science
Post Code: 138/17
Group-B
13. Minaxi
Aged about 28 years,
D/o Devi Ram
R/o H. No. 59, Gali No. 1, New Basti, Bakner, Delhi-110040
Post: Assistant Primary Teacher
Post Code: 89/17
Group-B
14. Indu Verma
Aged about 20 years,
D/o Rakesh Chander
R/o B- H. No. 59, Gali No.1, New Basti, Bankenr, Delhi -110040
Post: Assistant Primary Teacher
4
Item No. 69 (C-4)
O.A. No. 2342/2018
Post Code: 89/17
Group-B
15. Nirmala Meena
Aged about 25 years
D/o Maddulal Meena
R/o VPO-Khirni Tehsil- Malarna, Doongar, Dist- Sawai Madhupur
Post: Assistant Teacher (Primary)
Post Code: 89/17
Group - B
16. Vijay Ram Meena
Aged about 33 years,
S/o Jormal Meena,
R/o VPO-Kamalpura Teh- Todabhim, Dist- Karauli
Post: Assistant Teacher (Primary)
Post Code: 89/17
Group-B
17. Priyanka
Aged about 21 years,
D/o Rajender
R/o B-386, Aman Vihar, Kirari Suleman Nagar, New Delhi
Post: Assistant Teacher (Primary)
Post Code: 89/17
Group-B
18. Kapil Dev
Aged about 30 years,
S/o Late Brahm Singh
R/o H. No. 1/3360, Ram Nagar Extension, Mandoli Road, Shahdara
Delhi-110052
Post: Assistant Primary Teacher
Post Code: 89/17
Group-B
19. Minakshi Sirohi
Aged about 27 years,
D/o Isam Singh
R/o H. No. 1/3360, Ram Nagar Extension, Mandoli Road, Shahdara
Delhi-110052
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Item No. 69 (C-4)
O.A. No. 2342/2018
Post: TGT Social Science
Post Code: 138/17
Group-B
20. Sweety Tiwary
Aged about 42 years,
S/o Sh.S.B. Tiwary R/o Flat no. 135-A, Pocket- E, Dilshad Garden,
Delhi
Post: TGT Social Science
Post Code: 138/17
Group-B
21. Vaishali Dagar
Aged about 24 years,
D/o Sh. Ombir Singh
R/o A-303, Silver Bell, Shalimar City, Delhi Wazirabad Road,
Near Shalimar Garden
Post: TGT Maths
Post Code: 134/17
Group-B
22. Dheeraj Sharma
Aged about 30 years,
S/o Sh. Kailash Chand Sharma
R/o Vill+Post Kashipura, Teh+Dist, Karoli, Rajasthan
Pin Code -322255
Post: TGT Sanstkrit & TGT Hindi
Post Code: 144/17 & 140/17
Group-B
23. Tej Singh Rajpoot
Aged about 31 years,
S/o Jayraj Singh Rajpoot
R/o VPO Kashipura, Tehsil
Karauli, Dist - Karauli
(Rajasthan) Pin Code-322255
Post: TGT Hindi Post Code: 140/17
Group - B
24. Aliya Naaz
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Item No. 69 (C-4)
O.A. No. 2342/2018
Aged about 24 years,
S/o Mohd. Aslam Siddiqui
R/o 144B, Chhatta Nawab Sahib,Farash Khana, Delhi-110006
Post: TGT English.
Post Code: 132/17
Group - B
25. Pooja Joon
Aged about 30 years,
D/o Sh.Uday Singh Joon
R/o H. No. 181, Kakrola-Village, Sec- 16B, Dwarka New
Delhi
Post: TGT (English)
Post Code: 132/17
Group - B
26. Sangeeta Rani
Aged about 32 years,
D/o Ashok Chand Tilwari
R/o 1-104, Street, No. 35, Raja Puri, Uttam Nagar, New Delhi-110059
Post: TGT (Sanskrit)
Post Code: 145/17
Group-B
27. Minakshi
Aged about 25 years,
D/o Satyendra Pal
R/o VPO Ramala, Teshil Baraut, Dis Baghpat, Uttar Pradesh-250623
Post: Assistant Teacher Primary
Post Code: 89/17
Group-B
28. Pyare Lal Tatwal
Aged about 37 years,
D/o Devi Lal
R/o Village Sunderpur, Post-Galad Kalan, Tehsil- Bonli, Distt. Sawai
Madhopur,
Rajasthan - 322030
Post: TGT Sanskrit
Post Code: 144/17
Group - B
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29. Seema Bai Mehara
Aged about 26 years,
D/o Babu Lal Bairwa
R/o Village Ladota, Post-GaladKalan, The- Bonli, Distt. -
Sawai, Madhopur, Rajasthan- 322030
Post: TGT Maths
Post Code: 134/17
Group - B
30. Supriya Kumari
Aged about 39 years,
D/o Sh. Sheoraj Singh
R/o H. No. 5880, Gali No. 127, B- block, Near Khusal Chowk, Sant
Nagar, Burari,
Delhi - 110084
Post: TGT Maths & Natural Science
Post Code: 134/17 & 136/17
Group-B
31. Ashutosh Bharti
Aged about 29 years,
S/o Sh. Sham Sunder Bharti
R/o F-3, 90-91, IInd Floor, Sector 16, Rohini, Delhi
Post: Assistant Primary Teacher
Post Code: 89/17
Group - B
32. Jyoti
Aged about 26 years
D/o Sh. Manohar Lal R/o F3,111-112, First Floor, Sector 16 Rohini,
delhi
Post: TGT (Social Science)
Post Code: 138/17
Group-B
33. Reenu Rani
Aged about 26 years
D/o Sh. Sundeep Kumar
R/o V.P morkhei, Distt. Rohtak, Haryana, 124406
Post: TGT(maths)
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Item No. 69 (C-4)
O.A. No. 2342/2018
Post Code: 134/17
Group-B
34. Shikha
Aged about 25 years
D/o Sh. Shyam Sunder
R/o K2/2, Krishna Vihar, New Delhi 110086
Post: TGT(social science)
Post Code: 138/17
Group-B
35. Komal
Aged about 26 years
D/o Sh. Mampal Panchal
R/o k2/27 Krishna Vihar, Delhi 110086
Post: TGT (social science)
Post Code: 138/17
Group - B
36. Sushma Kumari
Aged about 29 years
D/o Sh. Damodar Prasad Singh
R/o Tarawe, P.O, kaurivihar, Madhepura, Bihar
Post: PRT
Post Code:89/17
Group-B
37. Sarita Singh
Aged about 36 years
D/o Sh. Pratap Singh
R/o Plot No.9A,H.No. C1/42, KH No. 31/18,1st Floor,
Deep Vihar Pansali, Delhi
Post: TGT(Hindi)
Post Code: 141/17
Group-B
38. Aafta
Aged about 30 years
D/o Sh. Gaje Singh Rawat
R/o B-231 Gali NO.21 Baljeet Vihar,Nithari, Delhi
Post: TGT(Hindi)
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Item No. 69 (C-4)
O.A. No. 2342/2018
Post Code: 141/17
Group-B
39. Poonam Rani
D/o Sh. Om Prakash
Aged about 31 years.
R/o 17, vill. Tilangpur kotla, south west Delhi
Post: TGT (social science)
Post Code: 138/17
Group - B
40. Parul Aggarwal
Aged about 23 years
D/o Sh. Naresh Chand
R/o B1/89 Shiv Ram Park Nangloi, New Delhi 110041
Post: TGT(social science)
Post Code: 138/17
Group-B
41. Rashmi Kadian
Aged about 23 years
D/o Sh. Surender Singh
R/o RZ-A-53,Raghuvir Enclave, Najafgarh, New Delhi 110043
Post: TGT (Natural Science)
Post Code: 136/17
Group-B
42. Renuka
Aged about 22 years
D/o Sh. Ramnivas
R/o VPO Badli, Distt. Jhajjar, Pincode 124105
Post: PRT
Post Code: 89/17
Group-B
43. Deepak
Aged about 26 years
S/o Sh. RanSingh
R/o H.No.117/1 Jeevan Vihar Colony Gali, Murthal Road
Sonepat (131001)
10
Item No. 69 (C-4)
O.A. No. 2342/2018
Post: Special Education Teacher
Post Code: 87/17
Group-B
44. Sunny Dagar
Aged about 27 years
S/o Sh. Satpal
R/o H.No.26, VPO-Issapur
Post Code: 89/17
Post: PRT
Group-B
45. Abhishek Kumar
Aged about 24 years
S/o Sh. Ajay Kumar
R/o Malik Hasenpur, Post Rani Ki Sarai, Azamgarh U.P
Post: PRT Post Code: 89/17
Group-B
46. Parmod Kumar
Aged about 20 years
S/o Sh. Yashbir Singh
R/o H.No.294, VPO Nangal Thakran, Delhi 110039
Post: PRT
Post Code: 89/17
Group - B
47. Gulnaz Khan
Aged about 36 years
D/o Sh. Mohd. Rais Khan
R/o A-126,Block 05, Nand Ram park, Uttam Nagar, New Delhi 110059
Post: TGT (urdu)
Post Code: 147/17
Group - B
48. Rishika Nagrath
Aged about 40 years
D/o Sh. Tilak Raj Nagrath
R/o T-461,Baljeet Nagar,Patel Nagar, New Delhi 110008
Post: TGT(Hindi)
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Item No. 69 (C-4)
O.A. No. 2342/2018
Post Code: 141/17
Group - B
49. Komal
Aged about 19 years
D/o Sh.Pawan Kumar
R/o D4 Ganga Vihar, North East Delhi 110094
Post: PRT
Post Code: 89/17
Group-B
50. Sharmila Tiwari
Aged about 21 years
D/o Sh. Ashok Mani Tiwari
R/o N-245,Gali No. 11 Saurabh Vihar, Jaitpur, Badarpur,
New Delhi 110044
Post: TGT(Sanskrit)
Post Code: 145/17
Group - B
51. Sarita Kumari
Aged about 38 years
D/o Sh. Rajeshwar Prasad Kumar
R/o 154, Arpan Vihar, Jaitpur Ext. Badarpur, New Delhi 110044
Post: TGT(N.Sc)
Post Code: 136/17
Group-B
52. Renuka Shukla
Aged about 27 years
D/o Sh. Shivakant Shukla
R/o Shiv Vihar B901/302, Uttam Nagar, Delhi 110059
Post: TGT(SST)
Post Code: 138/17
Group - B
53. Manjeet Yadav
Aged about 27 years
S/o Sh. Kaptan Singh Yadav
R/o H.No.4, Vill. Begampur, Delhi
12
Item No. 69 (C-4)
O.A. No. 2342/2018
Post: PRT
Post Code:89/17
Group-B
54. Meenu Yadav
Aged about 37 years
D/o Sh. Dharam Singh Yadav
R/o 15 Naharpur, Sector 7, Rohini
Post: TGT(hindi)
Post Code: 141/17
Group-B
55. Manju Yadav
Aged about 29 years
D/o Sh. Mahinder Singh
R/o 15 Naharpur, Rohini Sector 7, Delhi
Post: TGT(hindi)
Post Code: 141/17
Group-B
56. Radha yadav
Aged about 33 years
D/o Sh. Sudhir yadav
R/o H.No.39, Vill. Begumpur, Rohini Sec 22, Delhi 110086
Post: PRT
Post Code:89/17
Group-B
57. Parteshwari
Aged about 35 years
D/o Sh. Raj Singh
R/o 563,Bank colony, near Shiv mandir
Post: TGT(social science)
Post Code: 138/17
Group-B
58. Prem Chand Sharma
Aged about 34 years
S/o Sh. Yad Ram Sharma
R/o Vill. Pelak, P.O shioul, Teh Palwal, Haryana 1221102
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Item No. 69 (C-4)
O.A. No. 2342/2018
Post: TGT(English)
Post Code: 131/17
Group-B
59. Himani Raman
Aged about 20 years
D/o Sh. Ajit Singh Raman
R/o 246,HBC Sector 23, Sonepat, Haryana
Post: PRT
Post Code:89/17
Group-B
60. Sushil Kumar
Aged about 31 years
S/o Sh. Tilak Raj
R/o VPO Kurar, Tehsil Bapoli, Panipat Haryana
Post: TGT(Sanskrit)
Post Code: 144/17
Group-B
61. Kanishka
Aged about 23 years
D/o Sh. Guru Dutt
R/o H.NO. 461, Pandit Mohalla, VPO, Khera Khaitan, Delhi
Post: TGT(English)
Post Code: 132/17
Group-B
...Applicants
(By Advocate(s): Mr. Anuj Aggarwal, Mr. Shakib Malik and Ms.
Shradha Adhikari)
Versus
1. Govt. of NCT of Delhi
Through the Chief Secretary
Secretariat, I.P. Estate, New Delhi-110002
2. Union of India
Through its Secretary
Ministry of Human Resource & Development,
14
Item No. 69 (C-4)
O.A. No. 2342/2018
Shastri Bhawan,
New Delhi-110001
3. Delhi Subordinate Services Selection Board (DSSSB)
Through its Chairman
Govt. of NCT of Delhi,
FC-18, Institutional Area,
Karkardooma, Delhi - 110092
4. The Director of Education,
Directorate of Education,
Govt. of NCT of Delhi
Old Secretariat Building,
Civil Lines, Delhi-110054
5. Central Board of Secondary Education (CBSE)
Through its Chairman
Shiksha Kendra, 2, Community Centre,
Preet Vihar, Delhi-110092
...Respondents
(By Advocate(s): Mr. Raghav Tyagi, Mr. Alok Kumar for Mr. Anil
Srivastava, Mr. DK Singh and Ms. Purnima Maheshwari, Ms. Deepika)
15
Item No. 69 (C-4)
O.A. No. 2342/2018
O R D E R (ORAL)
Hon'ble Mrs. Pratima K. Gupta, Member (J):-
In the present OA, applicants have challenged impugned action on the part of Central Board of Secondary Education (CBSE), respondent No.5 herein, in not conducting the Central Teacher Eligibility Test (CTET) in the year 2017 which is one of the essential qualifications for the teaching posts notified vide Advertisement No.04/17 dated 20.12.2017 by Directorate of Education, Govt. of NCT of Delhi, respondent No.4 herein. They further challenge impugned action on the part of the respondents in not relaxing CTET qualification for appointment to the teaching posts notified vide Advertisement No.04/17. Aggrieved, they have filed the instant Original Application (OA) under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief(s):
"(i) issue an appropriate order/direction thereby directing the Govt. of NCT of Delhi (Respondent No. 1) to relax the Central Teachers Eligibility Test (CTET) qualification in case of the applicants for appointment on the teaching posts notified vide Advertisement No. 4/17 dated 20.12.2017 by the Director of Education, Govt. of NCT of Delhi;
Or in alternative, 16 Item No. 69 (C-4) O.A. No. 2342/2018
(i) issue an appropriate order/direction thereby directing the Govt. of NCT of Delhi/Respondent No. 1 to give at least two opportunities to the applicants to appear, and possess, the Central Teachers Eligibility Test (CTET) qualification after the selection/appointment of the applicants in the respective teaching posts for which they have applied pursuant to the Advertisement No. 4/17 dated 20.12.2017;
(ii) issue an appropriate Order/direction thereby directing the Respondent No. 5 (Central Board of Secondary Education) to conduct the Central Teacher Eligibility Test (CTET), which is one of the essential qualification for the teaching posts notified vide Advertisement No. 4/17 dated 20.12.2017 by the Director of Education, Govt. of NCT of Delhi, at earliest;
(iii) issue an appropriate order/direction thereby directing the Govt. of NCT of Delhi (Respondent No. 1) to make a proposal to Central Government (Respondent No. 2) thereby seeking relaxation in the CTET qualification for the respective posts in Directorate of Education in terms of Section 23(2) of the Right of Children to Free and Compulsory Education Act, 2009 in favour of the applicants;
(iv) issue an appropriate Order/direction thereby directing the Respondent No. 2 to consider and grant relaxation to the applicants in CTET qualification for their respective posts in terms of Section 23(2) of the Right of Children to Free and Compulsory Education Act, 2009 in favour of the applicants;
(v) issue an appropriate Order/direction thereby directing the respondents to consider the candidature of applicants for appointment to the respective teaching posts treating the applicants to be qualified for the respective posts;
(vi) issue any other 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; and
(vii) allow the present application with cost in favour of the applicants."
2. Brief facts of the case are that vide Advertisement No. 04/2017, Delhi Subordinate Services Selection Board 17 Item No. 69 (C-4) O.A. No. 2342/2018 (DSSSB), respondent No.3 herein, invited applications for appointment to various teaching posts. Applicants herein are duly qualified and satisfy all the requisite conditions/qualifications as required in the aforesaid advertisement for the aforesaid posts except for CTET qualification. It is pertinent to mention here that CBSE conducts the CTET exam twice every year, i.e. first in February and second in September. However, they conducted CTET in September, 2016, thereafter no CTET has been conducted till the filing of this OA. It is submitted that applicants have been deprived of their right to appear in the CTET and acquire the said qualification. It is further submitted that applicants be given an opportunity to appear in CTET examination after submitting of their application form for their appointment to the aforesaid posts in terms of Advertisement No.04/2017 dated 20.12.2017. It is submitted that all the applicants have submitted their forms through online mode. They also sent a legal notice dated 25.05.2018 to the respondents for grant of relaxation in CTET qualification for their respective posts but to no avail.
Hence, this OA.
18Item No. 69 (C-4) O.A. No. 2342/2018
3. On the other hand, learned counsel for respondents vehemently opposes 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:
"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 19 Item No. 69 (C-4) O.A. No. 2342/2018 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."
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. No order as to costs.
(Pratima K. Gupta) (Anand Mathur)
Member (J) Member (A)
/dd/