Central Administrative Tribunal - Delhi
Sarla Kumari vs Kvs on 18 May, 2023
1
OA No.1398/2023
Item No.2
CT-5
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
OA No.1398/2023
MA No.1699/2023, MA No.1700/2023
This the 12th day of May, 2023
HON'BLE MR. ANAND MATHUR, MEMBER (A)
HON'BLE MRS. PRATIMA K GUPTA, MEMBER(J)
1. Sarla Kumari, W/o Sumit Sharma
R/o 166, Pandit Chowk
Mandawali, Shakurpur
East Delhi, Delhi-110092.
And 70 others
...Applicants
(By Advocates: Ms. Aishwarya Dobhal )
Versus
1. Kendriya Vidyalaya Sangathan
Through its Commissioner
18, Industrial Area, Shaheed Jeet Singh Marg
New Delhi-110016.
2. Central Board of Secondary Education
Through its Chairman, PS 1-2, Patparganj
I.P. Extension, Institutional Area
New Delhi-110092.
...Respondents
(By Advocates: Mr. S. Rajappa with Mr. R.
Gowrishankar, Mr. Alok Kumar for Mr. Anil Srivastava)
ORDER(ORAL)
Hon'ble Mrs. Pratima K. Gupta, Member(J) This Original Application has been filed seeking the following relief:-
2OA No.1398/2023
Item No.2 CT-5 "(i) To set aside notice dated 21.04.2023, vide which interviews have been scheduled, despite receiving multiple complaints of cheating, malpractices and scams;
(ii) To declare the entire process of recruitment examinations conducted in pursuance of advertisements dated 02.12.2022, as having been vitiated, due to widespread scams, which are now under investigation by police agencies, in light of the observations of the Hon'ble Supreme Court.
(iii) To direct the respondents to set up a high-powered committee, to investigate the instances of cheating, corruption, malpractices and scams, reported in various centers of KVS recruitment examination.
(iv) To direct the respondents to conduct the recruitment examinations afresh, through the NTA, instead of the corrupt company APTECH, to ensure free, fair and transparent appointments to the several posts of teachers in KVS."
2. The applicants are aspirants to the post of PGT/TGT/PRT teachers with KVS. Learned counsel for the applicants takes us to the history and background of this Original Application. The respondents initiated the recruitment exercise by way of advertisement Nos.15/22 and 16/22 both dated 02.12.2023. The applicants are stated to have participated in the said selection process. The results for the written examination have been declared. However, the applicants could not make their way. The next stage i.e the interviews are stated to be scheduled from 15.05.2023 to 31.05.2023. The applicants allege that in the said written examination there was widespread cheating and, therefore, selection process be vitiated 3 OA No.1398/2023 Item No.2 CT-5 being a scam. With respect to the alleged malpractice/cheating in the written examination, several FIRs have been registered across the country in respective police stations of the examination centers that include Panipat in Haryana to Varanasi in Uttar Pradesh as well as Leh & Laddakh. The applicants have already raised their grievance to the level of the Prime Minister of India, National Human Rights Commission and Kendriya Vidyalaya Sangathan (KVS for short) as well. She claims that the said scam has also been reported by the media in various newspapers. She states that with respect to the said newspaper reportings, the respondents have already taken cognizance with respect to the following examination centers and cancelled the examination only with respect to them vide Notice dated 22.02.2023:-
"1. Informatic Computer Education, Patliputra, House No.21-B/3, Between Patliputra Colony Circle & Rubban Hospital, Patliputra Colony, Patna, Bihar.
2. Satyam Institute of Engineering & Technology, Kotla Doom, Ram Tirath, Amritsar, Punjab 4 OA No.1398/2023 Item No.2 CT-5 While in certain other centers also the respondents have cancelled the examination for administrative reasons.
3. She claims that because of mass cheating in the examination, as reported by the media and agitated by her before different authorities, the examination has not been held fairly, resultantly, the applicants could not succeed in the examination. The only claim she has is that it was incumbent upon the respondents to conduct the selection process fairly so that equal opportunity is given to all the candidates.
4. Learned counsel for the respondents vehemently opposes the OA and states that the applicants do not have any right in preferring the present OA. He argues that the representation annexed at page 349 of the OA, which is stated to have been made by the applicants to the respondents has in fact been signed by one Ms. Ishika who is not the applicant in the present OA. Accordingly, he states that the applicants might have approached different authorities, however, 5 OA No.1398/2023 Item No.2 CT-5 they have not chosen to approach the respondent- KVS.
5. It is seen that the representation made by the applicants is not on record. However, the learned counsel for the applicants hands over a copy of the same today in the court.
6. Learned counsel for the respondents vehemently, argues that the applicants cannot be allowed to improvise their Original Application at this stage. Since the cause of action, according to the applicants, is against the KVS, the said representation should have been filed along with the OA. If the applicants filed the representation, so preferred by them, to different authorities venting out their grievance, they should have filed the same essentially along with the OA itself.
7. The applicants do not have any right, as they have already participated in the selection process for which the examination was conducted on 28.02.2023. The applicants have chosen not to implead the persons who have been duly selected in the selection 6 OA No.1398/2023 Item No.2 CT-5 process and have been called for interview scheduled from 15.05.2023 to 31.05.2023.
8. Heard the learned counsel for the parties. It is seen that the applicants have filed the instant OA seeking a direction to vitiate a selection process in which the applicants have already participated but could not make the grade. According to the applicants, the investigation with respect to the said examination is going on as the FIRs/complaints are pending before various agencies, which are doing their job. We have no doubt that the said agencies would not only conduct the investigation fairly but expeditiously as well and if they come to a conclusion as per the expectations of the applicants, it will be taken to a logical conclusion by the respondents themselves. The relief so prayed by the applicants is in the form of a PIL and cannot be granted by this Tribunal.
Further, it is only at the stage when the applicants have not made their grade in the selection process after declaration of the result that they have 7 OA No.1398/2023 Item No.2 CT-5 chosen to file this OA. If they were aggrieved of the malpractices adopted in the examination, they should have immediately approached this Tribunal.
9. The OA lacks merit and the same is dismissed accordingly.
10. Pending MAs also stand disposed of.
11. No order as to costs.
(Pratima K Gupta) (Anand Mathur) Member(J) Member(A) /vb/