The tribunal ruled that applying UGC guidelines retrospectively to reject applications due to dual degrees is arbitrary and violates principles of fair recruitment.

ORDER

Per : Umesh Gajankush, Member (J)

The present Original Application has been by the applicant under Section 19 of the Administrative Tribunals Act, 1985 by seeking the following reliefs :

“8(a). That direction may be given to the respondents to appoint the applicant for the post of Post Graduate Teacher (PGT).

8(b). That direction may be given to the respondent – authorities to either give provisional appointment to the applicant herein subject to the outcome of the present application or alternatively, keep adequate number of posts vacant for the applicant, to be filled only after the decision of the present application.

8(c). Issue ad-interim ex parte stay of the recruitment process bearing No.1/6/2018-SSB/Vol.II/07 for the post of Post Graduation Teacher (PGT) conducted by the respondent – authorities till the disposal of the present Application.

8(d). Pass such other order/orders as Your Lordships may deem fit and proper under the facts and circumstances of the present case in favour of the applicant.”

2. Brief facts of the case are stated in the Original Application that a Advertisement bearing No.1/6/2018-SSB/Vol.II/07 dated 25.01.2020 published by the Union Territory Administration of Dadra and Nagar Haveli (Staff Selection Board) on their official website for the post of Post Graduation Teacher (PGT) – Organization of Commerce – Marathi. The educational and other qualification essentials required for the post were mentioned in the Advertisement and the age limit was not exceeding 30 years.

2(a). The applicant had submitted an online application on 03.03.2020 on their Official Website of the respondent for the post Marathi along with the educational qualification details. The Applicant filled-up the prescribed form in the subject of PGT Organization of Commerce – Marathi after payment of requisite fees. In the application form, the applicant has clearly mentioned the year of both degrees, i.e., B.Ed (2016-2018) regular mode from BA Alias BhaisahebSawantAdhyapakMahavidyalaya, Mumbai University and M.Com (2017-2019) Open mode from Saheb Research Centre, Sawantwadi, Yashwantrao Chavan Maharashtra Open University, Nashik.

2(b). It is stated that Union Territory Administration of Dadra and Nagar Haveli and Daman and Diu, Directorate of Education, Secretariat, Daman has issued the office memorandum consisting of rules and regulations about the appointment of the Post- Graduation Teacher. The applicant further stated that the candidate who possessed two degrees in one academic year will be disqualified was not provided in the advertisement dated 25.01.2020. 2(c). Thereafter, online E-Admit Card was issued to the applicant with the details of venue of examination, reporting date and time of the examination along with the instructions to candidates for appearing in Computer Based examination for the aforesaid post. On 06.08.2021, the examination was conducted. Result was whereas, applicant's name appeared in the merit list.

2(d). On 30.08.2022, the respondents had issued a notice to all the concerned candidates on their Email IDs regarding verification of documents for the post of Post Graduate Teacher whose name appeared in the merit list. Accordingly, the applicant on 22.09.2022 has visited at Mini Conference Hall, Ground Floor, Secretariat Building, Silvassa, Dadra and Nagar Haveli and has handed over a set of documents to the concerned authority.

2(e). It is further stated that for the post of teachers in various subjects, the requisite educational qualification provides for two degrees, one should be Master's Degree and the other B.Ed or its equivalent.

2(f). Thereafter, on 21.10.2022, the list of selec