CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH: NEW DELHI
O.A. No.3527 of 2017
This the 24th day of December, 2018
Hon’ble Ms. Nita Chowdhury, Member (A)
Hon’ble Mr. S.N. Terdal, Member (J)
Nitu Pandey, aged about 32 years,
D/o Sh. Daya Shankar Pandey,
R/o H.No.A-697 Part-I,
Gali No.7, Sonia Vihar Delhi 110094.
Worked in School : GGSSS, Sonia Vihar,
School ID : 1104335
Worked as : TGT Maths
From 16.01.2015 to 9.5.2015 &
From 1.07.2015 to 06.07.2015
....Applicant
(By Advocate : Shri T.N. Tripathi)
VERSUS
1. GNCT of Delhi, through
Chief Secretary,
Delhi Secretariat,
I.P. Estate, Govt. of NCT of Delhi,
New Delhi.
2. Director of Education,
Directorate of Education,
Old Secretariat, Delhi.
3. The Principal,
Govt. Girls Sr. Sec. School,
Sonia Vihar, Delhi-110094.
.....Respondents
(By Advocate : Shri Anuj Kumar Sharma)
ORDER (Oral)
Ms. Nita Chowdhury, Member (A):
Heard learned counsel for the parties.
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2. By filing this OA, the applicant is seeking the following
reliefs:-
“(i)
set-aside/quash the order of the respondent dated
25.02.2017
passed
by
the
respondent
vide
No.F.52/ DDE/ NE/ PRBR/ 16/79.
(ii)
direct the respondent to consider the request of
the applicant for engagement as Guest Teacher, T
G T (Social Science) in view of the long experience
of the applicant as a Guest Teacher and also in
view of the fact that the applicant fulfilled all the
requisite criteria as mentioned in RR for TGT
(Social Science), hence the respondent may be
directed to consider the applicant as Guest
Teacher T.G.T. (Social Science), instead of T.G.T.
Math.
(ii)
to pass such other and further orders which their
lordships of this Hon’ble Tribunal deem fit and
proper in the existing facts and circumstances of
the case.”
3. This is the third round of litigation, as earlier applicant
along with other candidates filed OA 2689/2015 before this
Tribunal, which was disposed of by this Tribunal vide Order
dated 27.7.2015 with the following observations:-
“5. In the circumstances and in the interest of justice,
the O.A. is disposed of at the admission stage, without
going into the merits of the case, by permitting the
applicants to make an appropriate representation to the
respondents within one week from today and on receipt
of such a representation from the applicants, the
respondents
shall
consider
the
same
and
pass
appropriate speaking and reasoned orders thereon, in
accordance with law, within four weeks therefrom. No
order as to costs.”
4. Thereafter applicant filed another OA (OA No.10/2017)
before this Tribunal and this Tribunal disposed of the same
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with
direction
to
the
respondents
to
consider
the
representation of the applicant dated 17.8.2016 and pass a
reasoned and speaking order. In compliance of the said
Order, the respondents have passed the order dated
25.2.2017, the contents of the same reads as under:-
“With reference to the subject mentioned above it
is to be informed that the Recruitment Rules for the
post of TGT Maths are as under
“Bachelor degree in the concerned subject with B.Ed.
and working knowledge of hindi can apply for TGT.
Candidate with graduation in two school subjects of
which at least one out of the four namely (i) English (ii)
Mathematics (iii) Natural Science/Physical Science (iv)
Social Science should have been at elective level.”
You have neither done graduation in Mathematics
(subject concerned) nor studied mathematics as an
elective subject at graduation level and hence you do
not fulfill the Recruitment rules for TGT Mathematics.
So your claim as Petitioner in Hon’ble CAT for the post
of TGT Maths is hereby rejected.
So far your candidature as TGT S.Sc. is concerned you
are hereby advised to wait for fresh advertisement from
Department because as per the decision of Hon’ble CAT
regarding Guest Teachers only those Guest Teachers
can be re-engaged as guest teachers who have worked
against the post c