Central Administrative Tribunal Principal Bench New Delhi OA No.683/2023 Order reserved on 26.07.2024 Order pronounced on 06.08.2024 Hon’ble Mr. Manish Garg, Member (J)

Hon’ble Dr. Anand S. Khati, Member(A)

1. Nidhi Rani, W/o Madan Pal Aged about 32 years R/o 889 MIG Flat Ashok Nagar Nandnagri North East Delhi-110093.

2. Kapil Kumar Kasana S/o Shri Tej Singh Kasana Aged about 32 years R/o House No.128, Bhoop Khari Loni Dehat, Ghaziabad Uttar Pradesh-201102.

3. Vishal Jangid, S/o Sitaram Jangid Aged about 26 years R/o Alod Bundi, Rajasthan-323024

4. Reeta Sharma, W/o Mohit Kumar Aged about 35 years R/o H. No.53A New Suraksha Vihar Colony Phase-2, Rohta Agra Uttar Pradesh-282009.

5. Rashmi Gangwar D/o Shri Dori Lal Gangwar Aged about 35 years R/o H. No.34 A, Shiv Puri Maula Nagar Bareilly, Izzat Nagar Uttar Pradesh-243122.

6. Shreya Malviya D/o Sh. Shobha Ram Malviya Aged about 27 eyars R/o Ravidas Nagar Uttar Pradesh-221304.

7. Pratibha, D/o Mahavir Prasad Aged about 29 years R/o S26, Tundla, Tundla Tundla, Tandla (46) Ambala Kalarehri Haryana-133001.

8. Durgesh Kumari D/o Sh. Bhawani Shankar Aged about 31 years R/o Ward No.29, Indrapura Lakheri (Rural)

Bundi, Rajasthan-323603.

9. Savan, S/o Sh. Laldev Aged about 30 years R/o Village Bharasar, Post Bharasar Thana-Sahjanwa Uttar Pradesh-273209.

10. Anu Rai, D/o Sh. Ram Niwash Rai Aged about 29 years R/o Rampur, Bantara, Ghazipur Uttar Pradesh-233302.

…Applicants (By Advocate: Mr. K. Venkatraman)

Vs.

1. Department of School Education & Literacy Through its Secretary J688+644, C-Wing Shastri Bhawan, Dr. Rajendra Prasad Rd Rajpath Area, Central Secretariat New Delhi-110001.

2. Navodaya Vidyalaya Samiti Through its Chairman M/o Education, J688+C-Wing Shastri Bhawan, Dr. Rajendra Prasad Rd Rajpath Area, Central Secretariat New Delhi-110001.

3. Navodaya Vidyalaya Samiti Through its Authorised Representative Jawahar Navodaya Vidyalaya Jaffarpur Kalan, District South West New Delhi-110073.

4. Navodaya Vidyalaya Samiti Through its Commissioner M/o Education (Dept. of School Education &

Literacy, Government o fIndia, B-15, Institutional Area, Sector-62, Noida Uttar Pradesh-201307.

5. Navodaya Vidyalaya Samiti Through its Authorised Repesentative Regional Office Chandigarh, Bay No.26-27 Sector 31-A, Chandigarh-160030.

…Respondents (By Advocates: Mr. S. Rajappa with Mr. R.

Gowrishankar, G. Dhivyasri and Ms. Annu Singh)

O R D E R Hon’ble Mr. Manish Garg, Member(J)

In the instant OA the applicant seeks the following reliefs:-

a) “Grant an ad-interim, ex-party stay on the process of interview selection or;

b) Grant an ad-interim order directing the respondent authority to consider the applicants for interview and documents verification.

c) Reserve 10 seats for the applicants which may be subject to the outcome of this petition d) Pass such other and further orders as this Hon'ble Tribunal may deem fit and proper, in the fact and circumstances of the case and in the interest of justice.”

2. Highlighting the case of the applicants learned counsel for the applicants argues that the rejection of the candidature of the applicants herein is on the basis that the applicants do not possess the requisite qualification. He states that the rejection is bad in law. He draws reference to clause 2 of the advertisement wherein the requisite qualifications has been mentioned, the same read as under:-