Postgraduate degree in subject does not substitute graduation-level study of subject for two years unless rules expressly provide; strict adherence to prescribed eligibility mandatory, higher qualification does not presuppose lower absent specific provision.

ORDER

Hon’ble Mr. Manish Garg, Member (J) :

Since a common question of facts and law arises in the present O.A.s, they are being disposed of through this common order. However, for the sake of brevity, the facts are being extracted primarily from O.A. No. 2135/2022 with the consent of the learned counsel for the parties.

2. The reliefs prayed for in O.A. No. 2135/2022, reads as under:

“(i) Set aside the impugned Order dated 17.12.2021, issued by the Directorate of Education, Govt. of NCT of Delhi, whereby the candidature of the applicant for appointment on the post of TGT (English) (Female) (Post Code 132/17) in the Directorate of Education, Govt. of NCT of Delhi, was cancelled on the ground that the applicant does not fulfill the eligibility criteria as prescribed in the advertisement;

(ii) Set aside the impugned Vacancy Notice/Advertisement No. 04/2017 dated 20.12.2017 issued by the Delhi Subordinate Services Selection Board (DSSSB), to the extent it fails to include Master of Arts (English) as an alternative/substitute qualification for BA with English as a subject in at least two years;

(iii) Set aside the impugned Recruitment Rules for the post of TGT English, as notified by the Govt. of NCT of Delhi in official Gazette vide Notification dated 30.12.1992, to the extent it fails to include Master of Arts (English) as an alternative/substitute qualification for Bachelor of Arts (BA) with English as a subject in at least two years;

(iv) Declare that the applicant fulfills all the requisite qualifications for appointment on the post of TGT (English) (Female) (Post Code 132/17) in the Directorate of Education (DOE) inasmuch as the applicant possesses Master of Arts (M.A.) in English qualification and the applicant is entitled to relief in terms of the law declared by this Hon’ble Tribunal in Rinku Singh Vs. Delhi Subordinate Services Selection Board (DSSSB) & Ors. in OA No. 2950/2016 decided on 03.01.2018;

(v) Direct the respondents to treat the applicant as qualified for appointment on the post of TGT (English) (Female) (Post Code 132/17) in Directorate of Education and, thereafter, consider the candidature of the applicant for appointment on the post of TGT (English) (Female) (Post Code 132/17) in Directorate of Education with all consequential benefits (monetary as well as non-monetary benefits) thereof;

(vi) Allow the present Original Application with costs in favour of the applicant; and

(vii) Pass any such other or further orders as this Hon’ble Tribunal may deem appropriate in the facts and circumstances of the case and in favour of the applicants herein.”

3. Highlighting the facts of the case, learned counsel for the applicants submitted as under:

3.1. The present Original Application has been filed challenging the impugned Order dated 17.12.2021 issued by the Directorate of Education, Govt. of NCT of Delhi whereby the candidature of the applicant for the post of TGT (English) (Female) (Post Code 132/17) was illegally cancelled on the ground that the applicant had not studied English for two years during graduation, despite the fact that the applicant possesses a higher qualification i.e., M.A. in English from Chaudhary Charan Singh University, Meerut, and has also been working as PGT (English) in a school run by the respondent since 2011.

3.2. Learned counsel submitted that possession of a higher qualification necessarily presupposes acquisition of the lower qualification and, therefore, the applicant cannot be held ineligible, particularly when she has secured 82.75 marks which is higher than the prescribed cut-off marks.

3.3. Learned counsel further submitted that the action of the respondents in reje