ORDER (ORAL)

By Hon’ble Mr. Manish Garg, Member (J)

The present Original Application (O.A.) has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, seeking the following reliefs:- “i) to direct the respondents to appoint the applicant as TGT (Computer Science) as per her merit and offer of appointment (Annexure A-5) with all consequential benefits including arrears of pay and seniority etc. from the date of appointment of similarly placed persons.

ii) to declare that action of respondents in delaying the appointment of applicant to the post of TGT (Computer Science) as illegal and arbitrary and issue appropriate directions for appointment of applicant to the said post of TGT (Computer Science) with all consequential benefits.

iii) To direct the respondents to appointment the applicant to the Post of TGT (Computer Science) with all consequential benefits by extending the benefits of order dated 27.04.2023 in OA no. 708 and other connected OAs. iv) To allow the OA with exemplary cost.

v) Any other orders may also be passed as this Hon’ble Tribunal may deem fit and proper in the existing facts and circumstances of the case.”

2. Learned counsel for the applicant draws our attention to legal notice dated 18.05.2023 (Annexure A-1), which has not been disposed of till date by the Competent Authority amongst the respondents. She places reliance on decision dated 27.04.2023 in OA No. 708/2019 & connected matters titled Arvind Dabas & Ors. v. Govt. of NCT of Delhi & Ors., whereby in similar circumstances, this Tribunal was pleased to allow the OA. For the sake of convenience, the Order dated

27.04.2023 is reproduced as under:- “All the O.As. have been taken together having been filed with the same cause of action and are disposed of by this common order. The facts of O.A. No. 708/2019 have been taken as the lead case.

2. An advertisement for the post of TGT (Computer Science), Post Code No. 192/14, was issued by the respondents. The Notification prescribed essential qualification to be Bachelors Degree in Computer Application (BCA) from a recognized University or Graduation in Computer Science from a recognized University or BE/B.Tech. (Computer Science/ Information Technology) from a recognized University or Graduation in any subject and ‘A’ level course from DOEACC, Ministry of Information & Communication & Technology, Govt. of India. The applicants in O.A. No. 708/2019, who were Graduates with MCA, applied for the same and were issued admit cards for written test to be held on 21.05.2017. They appeared in the written examination and were shortlisted for Post Code No.192/14. They were asked to upload e-dossiers as per the schedule. They were further declared qualified for appointment to the post of TGT (Computer Science), Post Code No. 192/14, and their dossiers were sent to the user department for issuance of offers of appointment along with others. However, despite inordinate delay, they were not issued offers of appointment. The applicants came to know that certain issues have been raised regarding their eligibility in terms of the educational qualification. Subsequently, the applicants were issued offers of appointment by the respondents. They were also sent for medical examination between June to August, 2018. However, they have not yet been permitted to join, whereas a number of other similarly placed candidates, who were lower in merit, were allowed to join.

3. It is the contention of the applicants that although they possess Graduation Degree and also MCA, they have not been appointed, whereas the respondents in terms of the Notification issued by the Ministry of Human Resource Development (MHRD) dated 01.03.1995, have considered those candidates who have passed only the ‘A’ level course from DOEACC, which is considered equivalent to the Advance Diploma course for the purpose of appointment. It is submitted that MCA Degree is a full three years duration course and on completion of first year of MCA,