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2025 Supreme(Online)(CAT) 2699
CENTRAL ADMINISTRATIVE TRIBUNAL
Smt. Harvinder Kaur Oberoi, Mr. Suchitto Kumar Das, JJ
Sujit Kr Ghorui – Appellant
Versus
D/o India Post – Respondent
O.A./531/2019
Mr. Arpa Chakraborty, Mr. T.K. Biswas, Ms. Dhiswari Nag
The Tribunal directed reconsideration of the applicant's educational qualifications under the UP Education Manual, emphasizing that COBSE membership is not a valid ground for rejection.
Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Employment - The applicant challenged the rejection of his candidature for the post of GDSBPM based on the equivalence of his educational certificates. The Tribunal directed reconsideration of the applicant's documents in light of the UP Education Manual regulations. (Paras 1, 4, 8, 9)
(B) Equivalence of Educational Qualifications - The Tribunal emphasized the need to assess the applicant's qualifications under the relevant regulations, noting that the insistence on COBSE membership was unreasonable given the Ministry of HRD's stance. (Paras 8, 9)
Facts of the case:
The applicant sought to quash the rejection of his application for a government post based on his educational qualifications from a non-COBSE board. The previous order directed a personal hearing to assess the equivalence of his certificates.
Findings of Court:
The Tribunal found that the respondents failed to consider the applicant's qualifications under the applicable regulations and directed them to reassess the case.
Issues: The main issues were the validity of the educational qualifications and the appropriateness of the grounds for rejection.
Ratio Decidendi: The Tribunal ruled that the respondents must consider the applicant's qualifications under the UP Education Manual, disregarding the irrelevant COBSE membership requirement.
Result: O.A. stands disposed of with directions to reconsider the applicant's case.
ORDER (ORAL)
Per: Smt. Harvinder Kaur Oberoi, Judicial Member
1. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 , praying for the following relief(s):
“(a) Impugned Order No. A-1/GDSBPM/Teghori/CAT/OA 350 dated 20.03.2019 issued by the respondent No. 3 is not tenable in the eye of law and as such the same may be quashed.
(b) An order do issue directing the respondents to allow the applicant to join in the post against which he was selected as GDSBPM at Teghari BO treating him as to have satisfied all the conditions for such appointment.
iii) Certify and transmit the entire records and papers pertaining to the applicant's case so that after the causes shown thereof conscionable justice may be done unto the applicant by way of grant of reliefs as prayed for in (i) and (ii), above.
iv) Costs.”
2. This is the second round of litigation. The applicant had earlier approached the Tribunal in O.A No. 350/411/2014 challenging the cancellation of his candidature for the post of GDSBPM, Teghori B.O. Learned Counsel for the applicant submits that the applicant had earlier approached the Tribunal challenging the order dated 26.11.2013 whereby the respondents had cancelled the candidature on the following ground:
“….
Therefore, the certificates issued by the Board of Secondary Education Madhya Bharat, Gwallior cannot be given equivalence for employment in Central/State government organizations as observed by the Council of Boards of School Education in India in its communication dated COBSE/C.99/2013 dated 12.11.2013.
……”
3. Ld. Counsel for the applicant submits that when the applicant had approached the Tribunal challenging the cancellation of candidature of the applicant, the Tribunal vide order dated 02.01.2019 had issued the following directions:
“7. Since it appears to be an extract of prospectus of 2013-2014 of an institution under National Institute of Open Schooling and the respondents could not be afforded the opportunity to deal with it, the present O.A. is disposed of with a direction upon the respondent authorities to give a personal hearing to the present applicant within a period of 4 weeks to ascertain whether the certificates obtained from the Board of Secondary Education, Madhya Bharat, Gwallior is in fact equivalent to high school and intermediate education, Allahabad. The respondents are directed to pass appropriate orders based upon their revelations for appointment of applicant against the post concerned, within a period of two months thereafter.
8. Accordingly, both the O.A. and M.A. stand disposed of. No costs.”
4. Ld. Counsel for the applicant further submits that pursuant to the directions issued by this Tribunal, the applicant had approached the respondents with all the concerning and relevant documents. The respondents were required to consider the said documents, mainly the Matriculation Certificate issued to the applicant by the Board of Secondary Education, Madhya Bharat, Gwallior. The respondents have once again passed an order of rejection dated 20.03.2019 of the said representation. This time the respondents have taken an additional ground to refuse the appointment to the applicant and have rejected the representation of the applicant on two grounds which are stated as under:
“After careful examination of the documents submitted by you on 11.02.2019, it is observed that the documents do not prove that the Board of Secondary Education, Madhya Bharat, Gwallior is equivalent to high school and intermediate education, Allahabad. Moreover, the Council of Boards of School Education in India already reported vide letter No. COBSE/C.99/2013 dated 12.11.2013 that the name of the Board of Secondary Education, Madhya Bharat, Gwallior neither appeared in the list of member-boards of COBSE nor in the list of recognised boards of the Ministry of HRD. Therefore, the certificate issued by Board of Secondary Education, Madhya Bharat, Gwallior cannot be given equivalence for employmen
