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OA No. 1883/2022

Item No.67/C-4

CENTRAL ADMINISTRATIVE TRIBUNAL

PRINCIPAL BENCH, NEW DELHI

O.A. No. 1883/2022

Reserved on : 20.01.2026

Pronounced on : 05.02.2026

Hon’ble Mr. Manish Garg, Member (J)

Hon’ble Dr. Anand S. Khati, Member (A)

Megha Garg,

D/o Praveen Garg,

Aged about 25 years,

R/o H.No.A-20, GF

Lane-2, East Krishna Nagar, New Delhi-51

Group 'B’,

Sub: Appointment.

... Applicant

(By Advocate: Mr. Ranjit Sharma)

Versus

1. Municipal Corporation of Delhi

Through the Commissioner

S.P. Mukherjee Civic Centre

J.L.N Marg, New Delhi-02

2. The Director of Education

Municipal Corporation of Delhi

S.P. Mukherjee Civic Centre

J.L.N. Marg, New Delhi-110002.

...Respondents

(By Advocate: Mr. Yudhishter Sharma)

Digitally signed by JYOTI JAIN

Date: 2026.02.06 16:47:30+05'30'

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OA No. 1883/2022

Item No.67/C-4

ORDER

Hon’ble Dr. Anand S. Khati, Member (A)

In the present Original Application (O.A.) filed under Section

19 of the Administrative Tribunals Act, 1985, the applicant has

sought for the following reliefs:-

“i) quash communication dt.12-08-2021 (ANNEXURE A1

supra) with direction to the respondents to consider the

applicant for appointment to the post of Special Educator

against Post-Code 15/17 in M.C.D with all consequential

benefits

AND/OR

ii) pass such other order/s as may be deemed fit & proper.”

2. Highlighting the facts of the case, learned counsel for the

applicant submitted that the applicant has impugned the order

dated 12.08.2021 (Annexure A1), whereby her candidature to the

post of Special Educator (Primary) has been rejected, stating that

during the document verification it was found that the applicant did

not possess minimum essential qualification for the post as on cutoff

date, i.e., 15.09.2017. He submitted that the applicant completed her

B.Ed. in the academic year 2015-17. He further submitted that the

selection test was held on 22.07.2018 as evident from the Admit

Card (Annexure A3). Therefore, as on 22.07.2018, the applicant was

qualified and eligible for appointment to the post of Special

Educator.

Digi tally signed by JYOTI JAIN

Date: 2026.02.06 16:47:30+05'30'

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OA No. 1883/2022

Item No.67/C-4

3. He relied upon the decision rendered by the Hon’ble High

Court of Delhi in W.P.(C) No.9040/2019 dated 21.08.2019 titled

Praveen Khatri and Ors. vs Govt. of NCT of Delhi and Ors.,

highlighting the following:

“……The only reason why the petitioner's candidature has

been cancelled is that they did not have Central Teacher

Eligibility Test (CTET) qualification /examination clearance on

the cut off date, though they have got the said qualification

before the completion of the recruitment process. He submits

that the CTET qualification could not be obtained by them since

the CBSE had not conducted the CTET examination for two

years and it was only held by the CBSE in the year 2018.

Normally, this Court would not indulge in such requests

since all concerned should follow the recruitment rules, lest it

opens flood gates with similar requests.

However, the position is materially different in the present

case inasmuch, as, we are dealing with a much larger number of

vacancies, than the number of qualified candidates who are

available and who have cleared the examination. The aspect of

filling up of posts of Special Education Teachers requires urgent

attention, and calls for sensitivity towards children in need of

such special education. Non-filling of the existing vacancies over

the years has led to the children with special needs sufferings

and deprivation.

We, therefore, direct the respondents to not view the

situation that presently arises in routine and straightjacket

manner, and to keep in view the objective-which is of filling up

the large number of vacant posts of Special Education Teachers,

from amongst candidates who are otherwise qualified. In the

peculiar situation taken note of hereinabove, even if the

qualified candidates have obtained the CTET qualification after

the cut-off date, but before their appointment and even if they

may have become over age such aspects could be rel