Changes to eligibility criteria during the selection process are arbitrary and impermissible as per established case law.

JUDGMENT Sushrut Arvind Dharmadhikari, J.

The present Original Petition under Article 227 of the Constitution of India challenges the order dated 08.08.2025 passed in OA No. 812/2019 whereby the OA filed by the respondents has been allowed and the petitioners herein have been directed to reckon the marks awarded to the respondents in the interview and provide them appointment if they satisfy other conditions within a period of

60 days from the date of receipt of a copy of the order.

Facts:-

2. The brief facts of the case are that the respondents in response to Annexure A1 advertisement no.07 issued by the petitioners applied for the post of Primary Teachers in Kendriya Vidyalaya Sangathan (KVS), claiming that they possess the same qualifications provided in the notification. As per Annexure A1 notification, the qualifications prescribed for the post of Primary Teacher are as follows:

Essential (i) Senior Secondary School Certificate (Class XII) with 50%

marks or intermediate with 50% marks or its equivalent;

(ii) Pass in the Central Teacher Eligibility Test (CTET)

conducted by the CBSE in accordance with the guidelines framed by the NCTE for the purpose;

(iii) Competence to teach through Hindi and English media.

D esirable:

Knowledge of Computer application.

3. Subsequently, the recruitment rules were amended on

13.07.2012 and the qualifications published in Annexure A1 was incorporated as amended. The 1^st respondent is a Post Graduate in English, holding B.Ed. and also qualified in CTET in 2011. She had more than 8 years of teaching experience to her credit. Similarly, the 2^nd respondent is a holder of B.Sc in Botany and B.Ed, qualified in CTET, PRT and TGT with ten years teaching experience. On the basis of the aforesaid qualification, both of them submitted their applications and were called for written test held on 16.12.2013. They acquired marks above the cut off limit and were also called for the interview scheduled to be conducted on 15.05.2014. To the surprise of the respondents, the petitioners on 29.04.2014 published a notice at Annexure A5 in their Website on the following lines:

Kendriya Vidyalaya Sangathan (HQ)

18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi-110016, Phone No.26855532, Fax 2651417 Website:www.kvsangathan.nic.in F.11053/7/2011-KVS/HQ/RPS DATED:-29-04-2014 Notice During the conduct of interview for the post of Primary Teachers, it has been observed that some of the candidates having professional qualification of B.Ed and having passed CTET (Paper-I) also applied for the post of Primary Teacher in Kendriya Vidyalaya Sangathan.

As per the PORTAL for filling the information for online submission of applications for the post of Primary teacher, the following professional qualification was mentioned in the DROP DOWN:

B.EI.Ed/Diploma in Elementary Education.

It is observed that the candidates having professional qualification of B.Ed, have submitted their online applications by giving wrong information in the column meant for professional qualification.

As such, the candidates not having the requisite professional qualification of B.EI.Ed or Diploma in Elementary Education (02 years) and having profession qualification of B.Ed and passed CTET (Paper-1) are NOT ELIGIBLE for the post of Primary Teacher.

Accordingly, such candidates will not be allowed to appear in the interview.

Sd/-

ADDITIONAL COMMISSIONER (ADMN .)”

4. In view of the aforesaid amendment in the Selection criteria, the respondents were rendered ineligible for the post of Primary Teacher. The respondents being aggrieved filed the Original Application on the ground that Annexure A5 is contrary to Annexure A1 notification and also Annexure A2(a) Recruitment Rules. The submissions of the respondents before the Tribunal was after the commencement of the submission of the applications and during the course