IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of pronouncement: 7^th May, 2025

1. CWP No. 1922 of 2025 (O&M) Reserved on : 4^th March, 2025 Union Territory, Chandigarh and others … Petitioners Versus Sakshi Malik and others … Respondents.

2. CWP No. 5969 of 2025 (O&M) Reserved on : 4^th March, 2025 Union Territory, Chandigarh and others … Petitioners Versus Lalita Kaushik and others … Respondents.

3. CWP No. 9970 of 2025 (O&M) Reserved on 28^th April, 2025 Chandigarh Administration and another … Petitioners Versus Central Administrative Tribunal and another … Respondents.

CORAM: HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE MRS. JUSTICE MEENAKSHI I. MEHTA Present: Ms. Madhu Dayal, Additional Standing Counsel, U. T. Chandigarh and Ms. Shubreet Kaur, Junior Panel Counsel, U. T. Chandigarh, for the petitioners.

Mr. Rakesh Sobti, Advocate, for the petitioners In CWP No. 9970 of 2025.

Mr. Parunjeet Singh, Advocate, for respondent no.1-Caveator In CWP No. 1922 of 2025.

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SANJEEV PRAKASH SHARMA, J.

This order will dispose of CWP Nos. 1922, 5969 and 9970 of 2025 as common questions of law and facts are involved therein.

2. By way of these writ petitions, the petitioners have assailed the orders dated 19.09.2024, 25.11.2024 and 25.10.2024 passed by the Central Administrative Tribunal whereby it allowed the OAs filed by the respondents-applicants and directed to consider their candidature for recruitment as Junior Basic Teachers, in pursuance of the advertisement.

3. Learned counsel for the Chandigarh Administration has submitted that an advertisement was issued on 16.01.2024, inviting applications for the posts of Junior Basic Teachers and the essential qualifications for recruitment, as per the Chandigarh Education Service (School Cadre) (Group-C), Recruitment Rules, 1991, [as amended vide Chandigarh Education Service (School Cadre) (Group-C) Recruitment (Amendment) Rules, 2018], are as under:-

“(i) Graduate or its equivalent from a recognized University and (ii) Diploma in Elementary Education (D.El.Ed) (By whatever name known) of not less than 2 years duration recognized by NCTE.

OR Graduation with at least 50% marks and Bachelor of Education (B.Ed)

(iii) Pass in Central Teacher Eligibility Test conducted in accordance with the Guidelines framed by NCTE.”

4. It is submitted that written test was conducted on 28.04.2024 and the provisional merit list was published. The respondents-applicants, alongwith others, were called on 02.07.2024 and 03.07.2024 for the document verification whereafter they (respondents) were declared ineligible on the ground that though they were possessing the qualification of Bachelor of Elementary Education (B.El.Ed.) but they did not possess the two year’ Diploma in Elementary Education (D.El.Ed.) as required under the advertisement. Further opportunity was granted to them to submit their clarification by 01.08.2024 and they submitted their representation, maintaining that the qualification of Bachelor of Elementary Education was duly recognized by the NCTE. However, finding that they did not meet the requirement of the advertisement or the Rules framed by the Chandigarh Education Service (School Cadre) (Group-C), Recruitment Rules, 1991, as amended in 2018, the respondents were declared ineligible.

5. OAs were preferred before the Tribunal and the same were contested by the petitioners. However, the impugned orders (supra) were passed by the Tribunal.

6. Learned counsel for the petitioners submitted that the Tribunal’s orders dated 19.09.2024, 25.11.2024 and 25.10.2024 were clearly erroneous in the light of the requirement of qualification under the advertisement dated 16.01.2024. The qualifications laid down in the advertisement were in conformity with the Chandigarh Education Service (School Cadre) (Group-C) Recruitment Rules, 2018, as amended. It was also submitted that since the advertisement required lower qualification, therefore, allowing the candidates with higher qualification to compete for the