JUDGMENT :

CHITTA RANJAN DASH, J.

1. A common judgment passed by learned Central Administrative Tribunal, Kolkata Bench, Kolkata on 10th May, 2022 in four sets of applications, being OA No. 95 of 2019, OA No. 120 of 2019, OA No. 1570 of 2019 and OA No. 1385 of 2020 is under challenge in the present writ petition.

2. It is pertinent to mention here that aforesaid three original applications of 2019 were filed by one set of advocates and the fourth original application of 2020 was filed by another set of advocates.

3. In the present writ petition, 52 petitioners, whose names are there in the provisional select list for the post of Primary School Teachers (PSTs for short), are the petitioners.

4. A compendium of facts relevant for disposal of the writ petition is as follows:

(a) Notification was issued on 16th July, 2018 for filling up 224 vacancies of PSTs in different medium of instructions viz. Hindi – 89 posts, English – 90 posts, Bengali – 45 posts (Total – 224 posts) showing break-up for different categories like General, OBC and ST.

(b) The selection was conducted through self – assessment recorded by aspiring candidates in accordance with the Union Territory of Andaman and Nicobar Islands Administration, Primary School Teacher Recruitment (Amendment ) Rules, 2016 (2016 RR for short).

(c) It is pertinent to mention here that the original Recruitment Rule was notified in 2011 and the same had suffered some peripheral amendments before the present 2016 RR came into force. Notification dated 16th July, 2018 inviting applications for filling up the posts was also published in accordance with 2016 RR.

(d) After due exercise in accordance with 2016 RR, provisional select list was published on 17th December, 2018. After publication of the provisional select list, around 210 representations were received from aspiring candidates (who were not selected) to re-verify the documents as well as marks.

(e) We feel persuaded to mention here that all the representations had been received from the unsuccessful candidates, after a press release by the respondents inviting representations. On the basis of the representations received, a two member committee consisting of one S.C. Rao, Head Master and a teacher namely Smt Geeta Navin Bhatt, was constituted to look into the representations received from unsuccessful candidates.

(f) Said Committee, after examination of the representations, in their report, concluded as follows:

“(a) Knowledge of Hindi

Recommendations:

There is no separate certificate for knowledge of Hindi (as per Clause 2) may be insisted for applicants who have studied in the Islands school. But the Directorate may issue specific templates for Hindi Knowledge Certificate for students who studied in mainland.

(b) Medium of Instruction

Recommendations:

A Press Note may be issued by the Department informing the applicants to submit their Medium of Certificate in standard format (which will be published on the department website and in the “The Daily Telegrams” for information of general public) and for knowledge of Hindi (as per Clause 2 of Essential Qualification) for those applicants who have studied in mainland as stated in, Issue No. (a). These certificates will be received at designated officers of the Department of Education within a period of 14 Says from the date of issue of the Press Note.

The Scrutiny Team shall consider these certificates so being submitted and will draw a fresh provisional list based upon the new set of facts (if any).

(c) Recruitment Rule Provisions

Recommendations:

Department may also take considered view to allow the candidates who have studied in the bilingual medium and to consider the candidature of B. Ed qualified candidates (since the current scrutiny committee has rejected B. Ed. Qualified candidates as per the extant RR) for the post of PST”.

(g) After the Committee report, respondents vide press note dated 11th January, 2019 (Annexure P-3 to the original application), cancelled the provisional select list oblig