IMPORTANT POINT
The main legal point established in the judgment is the importance of uniform eligibility conditions and the need for the Ministry of Higher Education, Govt. of India to review and amend the Recruitment Rules to align with the changing curriculums and educational standards.

JUDGMENT

Anoop Kumar Mendiratta, J. - The challenge in this writ petition is to an order dated April 25, 2019 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as the `Tribunal') whereby Original Application No.1292/2019 (hereinafter referred to as `O.A.') preferred on behalf of the petitioner to declare him eligible for appointment to the post of TGT (Hindi) in terms of Recruitment Rules, was dismissed.

2. It is pertinent to notice at this stage itself that vide order dated May 09, 2019, directions were issued by this Court permitting the petitioner to approach the Tribunal with a review petition and further directing the Tribunal to deal with the same on merits. The present petition was kept pending, and in the meantime, result for the post of TGT (Hindi) under the category "unreserved" was directed to be subject to the orders in the present petition. Order dated May 09, 2019 passed in present writ petition may be reproduced for reference:

"W.P.(C) 4984/2019 & C.M. No. 22138/2019

The submission of the learned counsel for the petitioner is that the Tribunal has rejected the original application on a completely misplaced assumption of what the petitioner's grievance is. He submits that whereas the petitioner's grievance is that even though he is a post graduate in Hindi, he was not called for the interview on the ground that he had not studied Hindi as a subject in all three years at graduation level, the Tribunal has proceeded on the assumption that the petitioner is aggrieved by the non-declaration of the results of the selection process. On the first aspect, learned counsel has drawn our attention to the decision of this Court in Govt. of NCT of Delhi & Ors. vs. Sachin Gupta, (W.P.(C) 1520/2012) decided on 07.08.2013, which has been followed by another Division Bench of this Court in W.P.(C) No.4606/2016. He has also drawn our attention to the order passed by the Tribunal in OA No.743/2017 on 19.08.2017 and states that as a matter of fact that the Government of NCT of Delhi has accordingly modified the eligibility requirements for the post.

Since the first grievance of the petitioner is that the Tribunal has proceeded on a completely wrong premise, while keeping the present petition pending, we permit the petitioner to approach the Tribunal with a review petition. In case such a review is filed, the Tribunal shall deal with the same on merits.

Adjourned to 21.05.2019.

In the meantime, we direct that declaration of the results for the post of TGT (Hindi) in the category of unreserved category shall be subject to further orders in the present petition.

DASTI "

3. Review Application (RA) No.118/2019 was accordingly preferred by the petitioner in O.A. No.1292/2019, which was allowed vide order dated August 19, 2019 by the Tribunal, thereby recalling order dated April 25, 2019 and admitting the O.A. for consideration on merits. Further, vide order dated November 01, 2019, O.A. No.1292/2019 has been dismissed by the Tribunal.

4. Thereafter, CM No. 5197/2020 was filed by the petitioner for taking on record judgment/order dated August 19, 2019 and November 01, 2019 passed by the Tribunal. Further, petitioner sought substitution of prayer 7(a) in the original writ petition for quashing and setting aside order dated November 01, 2019 passed by the Tribunal in O.A. No.1292/2019.

5. The factual matrix falls within a narrow encompass and may be briefly noticed. Respondent No.2 Kendriya Vidyalaya Sanghthan (hereinafter referred to as `KVS') issued Advertisement No.14 dated August 14, 2018 for the recruitment of Principals, Vice-Principals, PGTs, TGTs, Librarian and PRTs in KVS. The candidates were to be selected on the basis of written examination and interview.

Petitioner applied for the post of TGT (Hindi) and cleared the written examination and was shortlisted for interview. However, he was not allowed to appear before the Interview Board on the ground that he had not studied the concerned subject