Government of NCT of Delhi v. Anupam Gupta

SANJIV KHA NA, J. /7 NAJMI(\AZIRI, J. MARCH 03, 2016/acm .4

2— * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 03.03.2016 + GOVERNMENT OF NCT OF DELHI Petitioner Through: Mr. Saurabh Chadda, Advocate Versus ANUPAM GUPTA Respondent Through: Ms. Jyoti Singh, Senior Advocate with Ms. Tinu Bajwa, Adv. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAJMI WAZIRI JUSTICE SANJIV KHANNA (Oral) 1. Government of National Capital Territory of Delhi (GNCTD) impugns order 29.09.20 15 passed by the Central Administrative Tribunal (CAT), Principal Bench, New Delhi, in O.A. No. 682/2013 whereby they have been directed to process the candidature of Ms. Anupam Gupta after treating her as a eligible candidate as far as her educational qualifications are concerned. It has been further directed that if the respondent is otherwise found suitable, she shall be appointed against existing vacancy and she would be also entitled to consequential benefits of pay fixation and seniority commensurate with her position in the merit list of successful candidates. 2. It is submitted that the respondent was not eligible for she does not have the requisite educational qualifications to be appointed as a Trained W.P. (C) 1683/2016 Signed By:RAM DATT Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. Graduate Teacher (Social Science) [TGT (Social Science)]. 3. As per the Recruitment Rules, educational qualifications prescribed for the said post are as under: "A bachelor 's degree (Honors/Pass) or equivalent from a recognized university having secured 45% marks in aggregate, in Two School Subjects of which at-least one out of the following should have been at the elective level. 1. English 2. Mathematics 3. Natural Science/Physical Science 4. Social Science Note: Main subjects for TGT (Social Science) shall be History/Political Science/Economics/Business Studies/Socialogy/ Geography/Psychology." 4. It is an accepted position that the respondent possesses the following qualification: "B. Com (Hons)- Sri Venkateswara College, DU M Corn - CCS University, Meerut B.Ed - CCS University, Meerut MBA (PGDBM F/T) - JMSPR, Delhi Productivity Council" 5. The respondent had applied for the post of TGT (Social Science) Post Code No.148/2007 in response to advertisement No. 7 of 2007. The respondent being successful in the written examination, by letter dated 27.05.2009 was asked to furnish all documents of educational qualifications including mark-sheets of all the three years of graduation indicating the subject of specialisation. The respondent had submitted the particulars and documents. Subsequently, on reading the Public Notice published on 24.11.2009, the respondent learnt that she had been declared ineligible, as not meeting the required minimum educational qualifications. 6. The respondent then made an application under Right to Information Act and after getting details, moved O.A. No. 4406 of 2010 before the Tribunal which was disposed of vide order dated 03.01.2011. The respondent was directed to submit a detailed representation to Delhi Staff Selection Board within 15 days explaining her case and the Board was required to consider and pass a speaking order under intimation to the respondent. 7. Resultantly, the respondent made a representation dated 17.01.2011 enclosing therewith the reply received from the University of Delhi in response to her application under the Right to Information Act. 8. By order dated 28.05.2012, Delhi Subordinate Services Selection Board (DSSSB) informed the petitioner that she has been declared as disqualified for the following reasons: "And whereas since as per RRs of the post, Business Studies is also one of the subject which if studied in all the 3 years of graduation make a candidate eligible for the post, as such the new aspect which the Directorate of Education did not examine in the meeting dated 21.10.2009 needed to be examined by the Directorate of Education in first instance, as the