Per : Hon’ble Shri Lok Ranjan, Member (A)

The issue in the present OA pertains to the

Limited

Departmental

Competitive

Examination

(LDCE)-2022 notified on 02.11.2022 and eventually

conducted on 22.01.2023 by the Kendriya Vidyalaya

Sangathan (KVS), for filling up the posts inter alia of

Post-Graduate Teacher (PGT)-English. The grievance

of the Applicant is that in the written exam conducted

on 22.01.2023, several questions were not from

within but from outside the syllabus notified by the

Respondents ; and this had vitiated the said written

exam / selection process.

2.

From the pleadings of the case and the

arguments by the learned counsels for the Applicant

and the Respondents, the facts relevant in this matter

had emerged as follows. The Applicant had joined KVS

as

Trained

Graduate

Teacher

(TGT)-English

on

23.02.2005. In due course, when the Respondents

issued the Notification dated 02.11.2022 for the LDCE-

2022 for filling up the posts the teaching and non-

teaching posts from amongst eligible teachers/

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officials of KVS, the Applicant had applied for the post

of Post Graduate Teacher (PGT)-English. Upon his

candidature being found eligible, the Applicant had

appeared in the written part of the LDCE Exam-2022

for the post of TGT-English, that was held on

22.01.2023. He found that several questions in the

said written exam were not set according to the

syllabus as had been notified/uploaded by the

Respondents on 16.11.2022 – in amendment to the

syllabus that was issued initially along with the LDCE-

2022 Exam Notification dated 02.11.2022, while

treating that previously issued syllabus as withdrawn.

Thereafter, the Applicant submitted his representation

on 27.01.2023, stating that the question paper for

PGT-English did not have questions as per the

amended syllabus for the same released by KVS on

16.11.2002 ; and that it did not contain even a single

question from the Chapters mentioned from the

prescribed NCERT textbooks for Classes XI and XII

English Core in the syllabus for the aforesaid Exam.

The Applicant had further stated that conducting the

LDCE-2022 Exam for PGT-English that was not based

on the prescribed syllabus for the same would hamper

his career advancement. While the Applicant had

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prayed for considering abolishing and reconducting the

said exam, the Respondents did not respond to the

said representation dated 27.01.2023 from the

Applicant. Eventually, when the results of the written

exam were declared on 25.05.2023, the Applicant

could not qualify and stand in the merit of the

qualified candidates.

It is the case of the Applicant that his career

advancement has been hampered by conducting the

PGT-English LDCE-2022

on 22.01.2023, wherein

several questions set in the question paper were not

as per prescribed syllabus given by the KVS for the

said examination. The Respondents had also not

responded to his representation dated 27.01.2023 in

this regard. The Applicant being aggrieved by his

consequential non-qualification at the said written

exam for the post of PGT English had challenged the

validity of the question paper and the selection

process based on the same, through the present O.A.

4.

Through pleadings and in arguments through the

learned counsel for the Respondents, the contentions

of the Applicant have not been contested by the

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Respondents to the extent of facts on record.

However, it has been contended that the allegation of

the Applicant that the written exam for the post of

PGT-English was out of syllabus was baseless. It was

informed by the Respondents that the contents of this

O.A. had been furnished to the Central Board of

Secondary Education (C.B.S.E.) and were examined at

length by their subject experts. However, from the

Report of C.B.S.E./subject experts, it had been

concluded that no questions had been set outside the

syllabus provided to them. The Respondents also

informed that a total of 158 TGTs were selected for

the post of PGT-English on the basis of the same set

of questions ; and the