Central Administrative Tribunal - Kolkata
Liton Baroi vs Education on 23 January, 2019
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1. tfuSR BAROl, son of Shri Parimal Baroi,
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.Nabagfam, Diglipur, North and Middle
' Ataman,
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VldAI DAS, son of Shri Dilip Das, residing
atm.K. Gram, Diglipur, North and Middle
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■AWdaman, Pin-744202;
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3. SifellKA SIKDHAR, daughter of Shri
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Sigfipur, North and Middle Andaman
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4. (BOSjA SAMADDER, daughter of Shri'
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•'SHyamal Samadder, residing at
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Spnagar, Diglipur,..North and Middle;
imdaman, Pin-744202
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5. -ftflUTHOSH KUMAR HALDER, son of'Shri
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$SSG. Haider, residing at R.K. Gr^m, Ward "
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w. No. 4, Diglipur, North and Middle
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Andaman, Pin-744202 I ')< jT-
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6. StRftJ KUMAR MONDAL, son of Shri
Puma Chandra Mondal, residing at Ram m-
Na§ar near Middle School, Nei! Island iI
SoFth Andaman, Pin-744104.
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7. PtfSHAHINA, daughter of P. Ali, residing
at Village and Post Office- Calicut , Port
Bfelr, South Andaman, Pin-744105.
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8. MONIKA RANI KARMAKAR, daughter of
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Shri Sanbtosh Karmakar, residing at
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P&Ttce.Line, Post Office- Shadipur, Port 'M
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B?air.t South Andaman, Pin-744106.
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9. NARATTAM DAS, son of Shri Jagadish
Das, residing at V.S. Pally, Diglipur,
North and • Middle Andaman. Pin- sp
^4202.
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10. PRiTISH GAYALI, son of Shri Arabinda A,
:§l^ali, residing at Village and Post
tftfrce- Nimbutala North, and Middle
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Andaman. Pin-744204. <
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► 11. RATTAN BISWAS, son of Shri Surja
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Bis^vas, residing at Sitanagar, Diglipur,
Noil-h and Middle Andaman, Pin-744202
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12. ANITA BISWAS, daughter of Shri
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Dinpbandhu Biswas, residing at C/o.
Sunil Mondal,* MET Observatory,
Sbadipur, Port Blair, Pin-744106.
13. SAMEER KULU, son of Shri Suresh Kulu,
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residing at Krishna Nagar, Havelock
South Andaman, Pin-744211.
14. SANJIB PAUL, son of Shri Susanta Paul,
residing at Swarajgram Diglipur, North
and Middle Andaman, Pin-744202
1 5. S13SAEN SARDAR, son of Shri Babatosh
Sandar, residing at Village and Post
Q'lfice- Subashgram Diglipur, North and
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r. Middle Andaman, Pin-744202
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16. SANGITA BISWAS, daughter of Shri
Nirmal Kumar Biswas, residing at Village
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alii Post Office- Uttara Kadamtala
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North and Middle Andaman, Pin-
744209.
17. M. MJBASHIRA, daughter of Late M.A.
Majeed, residing at Haddo, B. K. Lane,
Seashore Road, Ward No. 2, Port Blair-
7441 02.
18. NAZNEEN BIBI, daughter of Mohd.
Ibrahim, residing at 280, M.G. Road,
. Larntoa Line, behind Tandoor Hotel,
South Andaman, Pin-744106.
19. PR0TIBA DAS, son of Shri Jagadish Das,.
residing at C/o Indrojit Paul* Village-
. Manglutan, Homphrigunj, Port Blair, Pin-
744105.
20. BISWAJIT PAUL, son of Shri Uttam Paul,
residing at Village- Harinagar, Post
Office- Bill Ground, North and Middle
Andaman, Pin-744201.
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21. SEEMA C. REDDY, daughter of Shri S.
Chander Reddy, residing at Opposite
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Zilla Parishad Coimmunity Hall, Ward No.
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23, Prothrapur, Port Blair Pin-744103.
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22. KAMARUN NISA, daughter of Shri K.
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Abdulla, residing at C/o. HM Store 1 *:
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Nayapuram, Wimberlygunj » South
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Andaman, Pin-744206. 4. lii ;
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23. T. NARESH KUMAR,r son of Shri T. It
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Matakonda Raidu, residing at Police Line, m SH
Port.Blair, Pin-744106.
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24. PRIYANKA MISTRY, daughter of Shri i
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Suresh Mistry, residing at 49 'B\ Street, i- ni
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25. AMU KUMAR DEY, son of Shri Anil
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Kumar Dey, residing at Village Li \
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G&vindapur,
North and
Post
Middle
Office-
Andaman,
Nimbudera,
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744201. Si
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1. UNION OF INDIA service through the iV
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Secretary, Government of Indiaft fc-
Ministry of Human Resource :r :
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Development, Shastri Bhawan, New •i: -
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Delhi-110001.
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2. THE LIEUTENANT GOVERNOR, 'l.\ . & 4
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Andaman & Nicobar Islands, Raj Niwas, r.
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Port Blair-744101 ;
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3. THE ANDAMAN & NICOBAR
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ADMINISTRATION service through the
Chief Secretary, Andaman & Nicobar
Administration, Secretariat Complex » n
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Port Blair-744101; i -i .
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4. THE SECRETARY (EDUCATION) ;• > ,
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Andaman & Nicobar Administration ST3 ;
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Secretariat, Port Blair-744101; :t
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5. THE DIRECTOR OF EDUCATION i
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Andaman & Nicobar Administration
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VIP Road, Port Blair-744103; 4 .r
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7f 6. THE DEPUTY DIRECTOR OP EDUCATION
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Administration, VIP Road, Port Blair-
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...Respondents.
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CENTRAL ADMINISTRTION TRIBUNAL
KOLKATA BENCH
F / O A/351/0095/2019 Date of Order: 23.01.2019
/ MA/351/60/2019
Coram: Hon'ble Mr. A.K. Patnaik, Judicial Member
Liton Baroi & Ors. -VS- Education
For the Applicant(s): Mr. P.C. Das, Counsel
For the Respondent(s): Mr. R. Haider, Counsel
ORDER (ORAL)
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A.K. Patnaik. Member (J):
Mr. P.C. Das, Ld. Counsel for the applicants, is present.
2. Mr. R. Haider, Ld. Coupsel| g^g^ckand submitted that he has instruction to appear/for^^amar ~ ''icobJf^dhainistration. Heard Ld. / ^ Counsel for both th4 sides i :ei fK A /- .
3. M.A. No. 60^2^9 fited-f^^^ IcuUcfi of this case is allowed and \ ■ i \*ysf$ disposed of. \ V# Oj f \% O
4. This O.A. rfas bee 9 ofrthe Administration ' \ 4 Tribunals Act, 1985 with\h^oli6wing*pcay€ w-
"8(a) Leave rriay-^Jbe tp^e applicants to file this application jointly ule 4(5)(a) of the Central Administrative Tribunal (Procedure) Rules, 1987 as the applicants have a common grievance and all of them aggrieved against cancellation of the selection process those who are been declared successful in the same selection process for appointment to the post of Primary School Teacher;
b) To quash and/or set aside the impugned Press Note dated 11th January, 2019 being File No., 8-
10(1427)/Edn/CCB/PST-Rectt/2018 being Annexure A-6 of this original application issued by the Deputy Director of Education (Personnel) who is the incompetent authority by which the entire selection process for the post of Primary School Teacher has been cancelled without assigning any reason by depriving the present applicants those who have declared successful candidates and their names were enlisted in the Merit List after fulfilling all the eligibility criteria prescribed by the Education Department in terms of the notification dated 16.07.2018.
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c) To declare that the decision of the Education Department
of Andaman and Nicobar Administration vide Press Note dated 11th January, 2019 is wholly arbitrary and illegal because they themselves admitted in Press Note published on 19* December, 2018 in the Daily Telegrams that the process of recruitment to the post of Primary School Teacher has been conducted in a free, fair, transparent and objective manner. After such declaration by way of paper notification, the cancellation of the selection process to the post of Primary School Teacher is wholly arbitrary and illegally and which may be liable to be quashed and/or set aside in the eye of law by restoring the entire selection process in terms of the notification dated 16.07.2018 and to hold that the merit list which they have published is in accordance with the Recruitment Rules and on the basis of the assessment of marks obtained by them in terms of the Merit List the present applicants will get appointment.
d) To quash and/or^set^aside the cancellation order of selection process^for iQ^to^hoJhe post of Primary School Teacher an.d* dkpa*Wr to issue the appointment driers i of tff^jppMcants those who are ! selected/caii^Tdates*? ^jies epJtefed in the Merit List to the post qfcprimajf^S im rrfedfetely in terms of the Recruitment Nofro^ti^l .20%' \ E • C • i
5. Ld. Counsel ior the >Jf6 outs^y submitted that the applicants have passed igitaility Test and are holding St Diploma in Educatlbn/Junfor Recruitment Rules were notified by the Andaman Ind NreQbat-Admrlijgfa ion on 07.03.2011 for the post of Primary School Teacher. In pursuance of the notification dated 16.07.2018 issued for recruitment to the post of Primary School Teacher by ! the Deputy Director Education (Personnel), Andaman and Nicobar Administration (Respondent No. 6) against a total number of vacancies of 224 including General Caste, OBCs and STs, applicants applied and after a due recruitment process they were selected and their names were listed in the Provisional Merit List dated 17.12.2018. Subsequently, the certificates of the applicants were also verified. The grievance of the applicants is that while they were waiting for appointment; suddenly a vA£l 'rfe^v .•.,//
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'/ 7/ Press Note was issued on 11.01.2019 by the Deputy Director of Education // (Personnel) (Respondent No. 6) by which the entire selection process for the post of Primary School Teacher has been cancelled without assigning ! any reason. By drawing my attention to the Press Note dated 11.01.2019, . Mr. Das submitted that this notification itself runs contrary to the spirit of the judgment of the Hon'ble Supreme Court of India in the case of East Coast Railway and Another -Vs- Mahadev Appa Rao and Others reported in (2010) 7 SCC 678 wherein the Hon'ble Apex held that "Recruitment r ! process - Examination/Selection test - Cancellation of - Judicial review on the ground of arbitrariness - HelcUthougb a candidate who has passed an whose/-har^eO^\llr¥ ft? list does not have an examination or t indefeasible right td<^ft,ap^^^^, v ointgafent cannot be denied *A' \ arbitrarily, nor can electa? :esw |led ^ttfout giving proper | C\ justification - Court g&n giv^®r^ ns w,fere decision is found I r^ 0) I to be arbitrary." The-flon'ble ^pre ^ilso heia^nhe case of Union \ ' ' i of India and Others -^vs^ sh P.U. i^aJbmRathu and Another : ^ ^ reported in (2003) stfeja'fhe Hon'ble Apex Court also held that - Recruitment process-***© ction - Cancellation of en bloc
- Held, where from out of the selectees it was possible to weed out the beneficiaries of irregularities or illegalities, there was no justification to deny appointment to those selected candidates whose selection was not vitiated in any manner - On facts, the decision cancelling the selections in their f.
entirety was rightly held to be irrational by High Court."
The applicants have already submitted representation on 16.01.2019 under Annexure A/7 to the Respondent Nos. 2, 3, 4 and 5.
6. After going through the representation as well as judgment rendered by the Hon'ble Supreme Court of India in the case of East Coast Railway f fi-
S' and Another -Vs- Mahadev Appa Rao and Others reported in (20,10) 7 SCO / 678 and in the case of Union of India and Others -vs- Rajesh P.U. Puthuvatonikathu and Another reported in (2003) SCO (L&S) Page 1048, I am of the view that the applicants' grievance are quite genuine. Therefore, the impugned cancellation order vide Press Note dated 11th January, 2018 being File No. 8-10(1427)/Edn/CCB/PST-Rectt/2018 which is appearing at Annexure A-6 of the original application is wholly arbitrary and illegal because no specific reason has been assigned in the said cancellation \ order and .therefore, I quash and/or set aside the same by applying ratio of two decisions of the Hon'ble Sugrgroe^Ggurt of India referred as above.
The applicants have^sjsjlilii*thei^grj^vahce in their representation
7.
dated 16.01.2019 that Seir n in t^evIMerit List, which was
> d |[ves trft^pir official website
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published by the respondej y
which has been infixed a c
df#e Original Application, and
| to ^prder fcT'tle post of Primary
they are waiting fW^ii suance^o •inti
School Teacher in\erm^p notificatic 16^)7.2018 as per the
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commitment made by ftoeT* appearing at Annexure A/4
of the Original Application, wfiiclvwas^ ished in the Daily Telegrams
Newspaper on 18.12.2018, and as per their declaration, which .was also notified in the Daily Telegrams Newspaper dated 19th December, 2018 (Annexure A/5) of the Original Application that the process of recruitment to the: post of Primary School Teacher has been conducted in a free, fair, r.
transparent and objective manner. In view of such declaration made by the respondent authority themselves, which was published in the Daily Telegrams Newspaper and which is an official newspaper of the Andaman and Nicobar Administration, I am of the view that as the names of the applicants already appeared in the Merit List published by the respondent I T * • / / /A / authority being Annexure A/3 of the Original Application, therefore, the ' r?
f respondent authority are further directed to issue appointment orders in favour of the present applicants without any further delay. Mr. P.C. Das, Learned Counsel on behalf of the applicants also submitted that the l respondent authority is going to re-advertise the post by cancelling the selection process. I have already held that in view of the judgement of Hon'ble Apex Court the impugned cancellation order of the selection i -
process to the post of Primary School Teacher without assigning any reason is illegal; therefore, the question of re-advertising the post cannot be sustainable in the eye of law. I also.jnakejt clear that the entire exercise in ..S respect of issuance oMhe^appoTr Pel V.© avour of the applicants 6 shall be completed ytf/ith^TrOUL$ the cJ£teW)f communication of / V k -p,A this order and I also njake i i V m assec&fisbrder in respect of the 25 candidates wEd are e C Appli^icfi.
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8. With the ai'pr^aid obsec/a ;a Sirectior^twis OA has been \ disposed of. No costs.
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9. Since it was informed L^ne nsel on behalf of the applicants during the course the respondent authority is going to re-advertise the post on or about 28.01.2019, therefore, the urgent copy of this order may be supplied to both the parties by 25.01.2019 and the Registry is directed to send one copy of this order to ail the respondents for that the Learned Counsel on behalf of the applicants shall i deposit a necessary cost for sending such copy through Registry within a week.
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(A.K. Patnaik)
Member (J) i
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