The court ruled that significant delay in seeking relief in recruitment matters cannot be condoned, emphasizing timely action in legal proceedings.

Order :

1. The matter comes up on an application under Article 226(3) of the Constitution of India for vacation of the interim order dated 08.01.2025.

2. Mr. Kailash Jangid, learned counsel for the applicant/respondent submits that petitioners initiated a recruitment process vide advertisement for filling up the post of Primary Teacher (‘in short of PRT’) in the year 2012-13 and 2013- 14. He further submits that although in the advertisement, the qualification of B.Ed. was not included as an eligibility criteria for the teaching post of PRT, but at the same time, the applicant/respondent has a strong case to be considered as a PRT, in the Kendriya Vidalaya Sangathan (‘in short of KVS’), which is the petitioner itself, has notified vide order dated 14.08.2018 that necessary qualification for PRT is to include graduation with at least 50% marks and Bachelor of Education.

2.1 Learned counsel relies upon the judgment of the learned Tribunal, which was upheld by the Hon’ble Karnataka High Court in Writ Petition No.34208/2015 (S-CAT) decided on 09.12.2015, whereby one similarly situated candidate Reena Tripathi has been permitted to be given appointment.

3. Mr. Muktesh Maheshwari, learned counsel for the petitioner- KVS submits that the recruitment process was of 2012-13 and 2013-14 for the post of PRT, wherein the qualification of B.Ed. was not included as an eligibility qualification for the post of PRT in the KVS. He further submits that the selection process in question was completed by the KVS in the year 2016. He also submits that Reena Tripathi had filed her case well in advance and got the relief by 2015, which was well within the time period (when the selection process was going on).

3.1. Learned counsel further submits that for a recruitment of 2012-13, the present applicant/respondent has first time approached by filling an OA on 25.07.2021, which is nearly 10 years after the selection process was initiated.

4. After hearing learned counsel for the parties, this Court of the opinion that in the impugned order passed by learned Central Administrative Tribunal, Jodhpur Bench in the Original Application No.291/86/2021, the learned Tribunal has not dealt with the extreme delay with which the present respondent has approached the Court. Admittedly, the recruitment process was initiated in the years 2012-13 and 2013-14 for the post of PRT and did not contain the eligibility qualification to include B.Ed. Though the applicant/respondent claims that she had taken up the issues repeatedly from 2013 onward, which remained undecided and also that she appeared in the interview, but at the same time, the delay with which she has approached the Court, cannot be condoned in the given factual matrix.

5. For the aforesaid reasons discussed hereinabove, the application for vacation of interim order is dismissed.

6. Admit.

7. List for final hearing in due course.