Possession of a higher qualification, such as B.Ed., did not disqualify the petitioner from holding the advertised post if she actually possessed the basic qualification laid down for the post.

ORDER :

1. Heard learned counsel for the parties.

2. The candidature of the petitioner for the post of Primary Teacher (Music) in Kendriya Vidyalaya has been rejected on the ground that she possesses higher qualification of B.Ed. The challenge to the said order by her through Original Application before the Central Administrative Tribunal (for short ‘the Tribunal’) has also been rejected. Thus, aggrieved she has preferred this writ petition under Article 226 of the Constitution of India for setting aside the judgment and order of the Tribunal dated 18.01.2019 and for a direction that she may be given appointment ignoring her B.Ed. degree, as she is otherwise eligible and has qualified the selection.

3. The Kendriya Vidyalaya Sangathan (KVS) issued an Advertisement No.7 for the year 2012-13 and 2013-14 inviting applications for the various teaching posts including 998 unreserved posts of Primary Teacher (Music). The advertisement provided for the following educational qualifications for the above post:-

4. The petitioner in pursuance of the aforesaid advertisement also applied as she possessed all the basic essential qualifications, as laid down above and in addition to it possessed the degree of B.Ed. The petitioner cleared the written examination by obtaining 88 marks out of 120. She was permitted to appear in interview provisionally, wherein she secured 38 marks out of 60. The petitioner in all qualified for the selection, but by order dated 27.06.2016, her candidature was rejected simply on the ground that according to the clarification received from the NCTE, candidates with B.Ed. degree are not eligible to be considered for appointment on the post of Primary Teacher.

5. The petitioner challenged the aforesaid order by filing Original Application No.291/95/2017 before the Tribunal. The said application of the petitioner has been dismissed by the impugned order dated 18.01.2019 relying upon the judgment of the Supreme Court in the case of State of Punjab & Ors. Vs. Anita & Ors. (Civil Appeal Nos.7983-7986/2009) decided on 24.09.2014. The aforesaid decision of the Supreme Court in the case of Anita (supra) inter-alia lays down that possession of higher qualification has no relevance and that a candidate must possess qualification, as stipulated in the advertisement or the rules. The candidates who do not possess the qualifications, as prescribed, are not eligible for appointment.

6. In the case at hand, there is no dispute that the advertisement provided for the above essential qualifications and no other. It may be essential to mention here that Kendriya Vidyalaya Sangathan (Appointment, Promotion, Seniority etc. Rules), 1971, as passed to us by the respondents, clearly provide for the essential educational qualifications required to be held for the post of Primary Teacher and the said qualifications are exactly the same, as contained in the advertisement. There is also no dispute that the petitioner possesses all the said essential qualifications and had qualified the written examination as well as the interview for the post in question. In addition to the aforesaid essential qualification, she also possesses a B.Ed. degree.

7. The advertisement does not mention that a candidate possessing the essential qualification and having some higher qualification would be ineligible for holding the post. In view of the fact that the petitioner possesses the basic essential qualification, as prescribed, cannot be excluded from appointment if she has qua