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2025 Supreme(Online)(CAT) 1746
CENTRAL ADMINISTRATIVE TRIBUNAL
Mr. Manish Garg, J, Dr. Anand S Khati, A
Prachi Sharma – Appellant
Versus
Delhi Subordinate Services Selection Board (DSSSB) – Respondent
O.A. No.2247/2023 | O.A. No.2721/2023
For the Appellants/Petitioners: Mr. Anuj Aggarwal, Mr. Shubham Bahl, Ms. Tanya Rose, Mr. Pradeep Kumar, Mr. Nikhil Pawar
For the Respondents: Mr. H A Khan, Mr. Amit Anand
The court upheld that candidates must meet specific essential qualifications outlined in recruitment rules, and a higher degree does not substitute for required qualifications.
Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Recruitment Rules for TGT (Hindi) - Cancellation of candidature due to lack of essential qualifications - Applicants contested the rejection based on their qualifications, asserting that a higher degree should be considered equivalent - Court found that the essential requirement of a B.A. degree was not met and the candidates did not have the requisite qualifications as per the Recruitment Rules. (Paras 9.1, 9.2, 10.1)
(B) Qualification Requirements - The court emphasized that merely holding a higher degree does not equate to fulfilling the specific essential qualifications required for the post, which included having studied the subject concerned for at least two years during the graduation course. (Paras 9.2, 9.6)
Facts of the case:
The applicants, nominated provisionally for TGT (Hindi) positions, had their candidatures cancelled on grounds of not meeting essential qualifications as per the Recruitment Rules for the respective posts. (Paras 3, 4)
Findings of Court:
The court dismissed both applications, affirming the rejection of the applicants' candidatures due to non-fulfillment of essential qualifications as per the Recruitment Rules. (Paras 10.1)
Issues: The main issues addressed were whether the applicants met the essential qualifications as per the Recruitment Rules and the implications of having a higher qualification. (Paras 9.1, 9.2)
Ratio Decidendi: The court ruled that the essential qualifications as stipulated in the Recruitment Rules must be strictly adhered to, and higher qualifications do not exempt candidates from meeting specific requirements. (Paras 9.2, 9.6)
Result: Both Original Applications dismissed.
| Table of Content |
|---|
| 1. overview of the applicants and their positions. (Para 1 , 2) |
| 2. arguments regarding qualifications and cancellation of candidature. (Para 3 , 4 , 5 , 6 , 7) |
| 3. court's analysis on qualifications and document verification. (Para 8 , 9) |
| 4. final decision on the original applications. (Para 10) |
ORDER
Hon’ble Mr. Manish Garg, Member (J):-
We are disposing of O.A. No.2247/2023 and O.A. No.2721/2023 by a common order(s) since the parties in both cases are same and the decision in either of case shall have bearing to one another.
2. In the aforesaid Original Applications filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has prayed for the following relief(s):
O.A. No.2247/2023
“(i) Set aside the impugned Order dated 19.06.2023, issued by the Directorate of Education, whereby the candidature of the applicant (Roll No. 113503300273) for appointment on the post of TGT (Hindi) (Female) (Post Code: 33/21) in Directorate of Education, Govt. of NCT of Delhi was cancelled by the Directorate of Education and the e-dossier of the applicant was returned to the Delhi Subordinate Services Selection Board (DSSSB);
(ii) Set aside the impugned Recruitment Rules for the post of Trained Graduate Teacher (Modern Indian Languages) under the Directorate of Education, Delhi, as notified vide Notification dated 30.12.1992 read with Amendment Notification dated 17.01.1994, by the Govt. of NCT of Delhi in the Delhi Gazette, to the extent the Recruitment Rules fails to include "Graduation with (MIL)/Hindi" as an alternate essential qualification for appointment on the post of TGT (Hindi);
(iii) Set aside the impugned Recruitment Rules for the post of TGT (Hindi) (Female), as notified by the Govt. of NCT of Delhi in official Gazette vide Notification dated 30.12.1992, to the extent it fails to include Master of Arts (Hindi) as an alternative/substitute qualification for Bachelor of Arts (B.A.) with Hindi as a subject in at least two years;
(iv) Set aside the impugned Vacancy Notice/Advertisement No. 02/21 dated 12.05.2021 issued by the Delhi Subordinate Services Selection Board (DSSSB), to the extent it fails to include Master of Arts (Hindi) as an alternative/substitute qualification for Bachelor of Arts (B.A.) with Hindi as a subject in at least two years;
(v) Declare that the applicant fulfills all the requisite qualifications for appointment on the post of TGT (Hindi) (Female) (Post Code: 33/21) in the Directorate of Education (DOE) inasmuch as the applicant possesses Master of Arts (M.A.) in Hindi qualification and the applicant is entitled to relief in terms of the law declared by this Hon'ble Tribunal in Rinku Singh Vs.Delhi Subordinate Services Selection Board (DSSSB) & Ors. in OA No. 2950/2016 decided on 03.01.2018;
(vi) Direct the respondents to treat the applicant as qualified for appointment on the post of TGT (Hindi) (Female) (Post Code: 33/21) in Directorate of Education, Govt. of NCT of Delhi and, thereafter, consider the candidature of the applicant for appointment on the post of TGT (Hindi) (Female) (Post Code: 33/21) in Directorate of Education and grant her all the consequential benefits (monetary as well as non-monetary) thereof including full back wages/salary, seniority, etc. along with interest to be calculated 18% per annum;
(vii) allow the present Original Application with costs in favor of the applicant; and
(viii) issue any other appropriate order or direction as this Hon'ble Tribunal may deem fit and proper in the interest of justice and in the favor of the applicant;”
O.A. No.2721/2023
“i) Set aside the impugned Order dated 24.07.2023, issued by the Directorate of Education, whereby the candidature of the applicant (Roll No. 121103400886) for appointment on the post of TGT (Hindi) (Male) (Post Code: 34/21) in Directorate of Education, Govt. of NCT of Delhi was cancelled by the Directorate of Education and the e-dossier of the applicant was returned to the Delhi Subordinate Services Selection Board (DS
