(Oral Order)

Central Administrative Tribunal, Allahabad Bench Allahabad ****

This is the 07^th Day of November, 2025 Original Application No.464/2023 Hon’ble Mr. Justice Rajiv Joshi, Member (Judicial)

Hon’ble Mr. Anjani Nandan Sharan, Member (Administrative)

1. Ankur Tiwari, S/o Mahesh Chandra Tiwari, R/o 117/251, Q Block, Sharda Nagar, Masjid Wali Gali, Navin Nagar, U.P., District Kanpur Nagar.

2. Mayank Kumar Srivastava S/o Mahendra Kamar Srivastava, R/o Village Ramapur, Post Raipur, Lambhua, Sultanpur U.P. 222302.

………..Applicants By Adv: Shri Ajit Singh Rana Versus Kendriya Vidyalaya Sangathan (KVS), under the Ministry of Education, Government of India, 18-Institutional Area, Shaheed Jeet Singh Marg, New Delhi through its Commissioner.

……….… Respondent By Adv.: Shri Bharat Prataap Singh

O R D E R

Delivered by Justice Rajiv Joshi, Member (Judicial)

Head Sri Ajit Singh Rana, learned counsel for the applicants and Shri Bharat Prataap Singh, learned counsel for the respondents.

2. The present Original Application has been filed under Section 19 of the Administrative Tribunal Act, 1985 seeking for the following main relief(s):-

“i. Call for the records of the case.

ii. Declare that in facts of this case, the applicants are eligible for consideration for promotion through LDCE to the post of Principle against unfilled vacancies of the years 2018, 2019 & 2020 which are to be carried forwarded to the years 2021 and onwards, and direct the respondents to give benefit of the same to the applicants.

iii. Declare that the unfilled vacancy for the post of Principal for 2018, 2019 & 2020 are required to be carried forward to the Recruitment year 2021 and if necessary to the subsequent recruitment year of 2022 and 2023 and declare the merit list for the said carry forward vacancy.

iv. Direct the respondents to carry forward the unfilled vacancy of 2018, 2019 & 2020 initially to the Recruitment year 2021 and declare the result against the said vacancy.

v. Direct the respondent to give consequential benefits after declaring the result of the applicant against the carried forward vacancies.

3. Learned counsel for the applicant submitted that the applicants are working as Vice Principals in KVS and are fully eligible for consideration for promotion to the post of Principal through LDCE as per the eligibility criteria mentioned in the notification dated 02.11.2022. It is submitted that KVS conducted LDCE on 22.01.2023 for six recruitment years 2018, 2019, 2020, 2021, 2022 and 2023, after a long gap since the last LDCE held in 2017.

4. It is further contended that a substantial number of vacancies remained unfilled in the years 2018, 2019 and 2020 due to non- availability of eligible candidates securing minimum qualifying marks. According to them, under the KVS (Appointment, Promotion and Seniority etc.) Rules, 1971 and as per general service jurisprudence, such unfilled vacancies are mandatorily required to be carried forward to the next recruitment year and thereafter to subsequent years, wherever necessary.

5. The grievance of the applicants is that KVS has not carried forward 103 unfilled vacancies of the recruitment years 2018–2020 to the recruitment year 2021 in the first instance. Such non-carrying forward, according to the applicants, has prejudicially affected their prospects of promotion, despite the fact that they have secured well above the prescribed minimum qualifying marks.

6. Learned counsel for the applicants submitted that Applicant No.1 has already submitted detailed representations dated 27.04.2023 and 02.05.2023 requesting the respondents to duly account for the unfilled vacancies of Recruitment Years 2018, 2019 and 2020 by carrying them forward to the Recruitment Year 2021, as per the applicable rules. It is submitted that despite the fact that KVS has declared results only for 175 out of the 278 notified vacancies, without taking into consideration the carried-forward vacancies, no action has been taken by the respondents on the aforesaid re