No horizontal reservation or carry forward of unfilled ESM vacancies in Group 'B' posts; such vacancies filled by next meritorious general category candidate without keeping posts vacant.

O R D E R

Per: HON’BLE MRS. ANJALI BHAWRA, MEMBER (A):

1. This O.A has been filed under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

“(i) Quash provisional merit list for selection to the post of TGT Punjabi against advertisement No.05/2023 dated 09.02.2024 issued on 06.06.2025 (Annexure A/1), to the extent whereby the respondents kept two posts of TGT Punjabi in General category kept vacant by mentioning that ESM (General-vacant-1) and PwBD (Others) (Gen-1 vacant) whereas no ESM/PwBD candidates were qualified the written test and in view of law settled by the Hon’ble Supreme Court if the horizontal reserved vacancies were unfilled and those unfilled vacancies of horizontal category were filled by vertical reservation therefore the post of General category is to be filled amongst the General category candidate who is next in merit i.e. applicant.

(ii) Quash impugned Advertisement No.05/2023 dated 09.02.2024 (Annexure A/2), issued by respondent no.1 to extent that they have provided Horizontal reservation to the Ex-servicemen category persons which is violative of DoP&T instructions and quashing thereof to that extent.

(iii) Direct the respondents to fill up all the posts of TGT (Masters/Mistresses) in Punjabi as per merit without providing horizontal reservation to the Ex-serviceman category and appoint the applicant to the post of TGT (Masters/Mistresses) in Punjabi w.e.f. 05.06.2025 under general category from the date other meritorious candidates were appointed by the respondents with all the consequential benefits.

(iv) Any other order or direction deemed fit and proper in the facts and circumstances of the case to which the applicant is held entitled to may also kindly be issued in favour of the applicant.

(v) Award costs of the petition in favour of the applicant.”

2. The brief facts of the case as submitted by the applicant are as follows:

I. The applicant possessed the qualification of B.A. and B.Ed., has passed the Central Teacher Eligibility Test (CTET). The applicant possesses all educational qualifications which are on record with the respondent Education Department. Respondent No.2 issued Advertisement No.05/2023 dated 09.02.2024 (Annexure A/2), inviting online applications for filing up 303 posts of TGT (Masters/Mistresses) i.e. Group 'B' posts on regular basis. Out of 19 posts, two posts were horizontal reserved one for ESM category and one post for PwBD category. Out of total 303 posts 30 posts were reserved for ESM category by providing Horizontal reservation which is violative of Central Government and DoP&T guidelines/OMs.

II. It is submitted by the applicant that the applicant being possessing the requisite qualifications and being fully eligible applied under the General Category for the post of TGT (Punjabi) by submitting her online application form dated 12.03.2024 (Annexure A/3). After scrutiny of the applicant, application alongwith others, respondent Education Department Chandigarh Administration issued Admit Cards to all the eligible candidates including the applicant. Applicant Roll Number is 522530. The written test for the post of TGT (Masters/Mistresses) was scheduled to be held on 22.06.2024 & 23.06.2024 as per notice issued by Director School Education, Chandigarh Administration i.e. Respondent No.2. The applicant appeared in the written test on 22.06.2024 and 25.06.2024. The respondents issued category wise merit list for shortlisted candidates for the post of TGT-Punjabi, in the merit list name of the applicant was shown at serial No.12. Out of 9 vacancies of G