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2023 Supreme(Raj) 14

PANKAJ MITHAL, SHUBHA MEHTA
Ruchi Pandey Wife Of Mr. Ashok Kumar Pandey – Appellant
Versus
Kendriya Vidyalaya Sangathan – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Devendra Kumar Bhardwaj with Mr. Vivek Mishra
For the Respondents: Mr. Vijay Dutt Sharma

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:-

(i)

Senior Secondary School certificate with 50% marks or intermediate

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