Archana Agarwal v. Govt. of NCT of Delhi and Ors

SANJIV KHANNA, J.

NAJMI WAZIRI, J. MAY 11, 2016 NA

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10300/2015 Date of decision: 11th May, 2016 ARCHANA AGARWAL ..... Petitioner Through Mr. Manoj Ohri, Sr. Advocate with Mr. N.S. Jaglan and Mr. S. Kalita, Advocates. versus GOVT. OF NCT OF DELHI AND ORS. ..... Respondent Through Mr. Devesh Singh, ASC. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAJMI WAZIRI SANJIV KHANNA. J. (ORAL) 1. Archana Agarwal by this writ petition impugns the order dated 1st March, 2013 passed by the Principal Bench of the Central Administrative Tribunal (Tribunal, for short) whereby OA No.639/2012 filed by her has been dismissed. 2. The short issue, which arises for consideration, is whether the petitioner meets the minimum eligibility qualification for being considered for appointment to the post of Trained Graduate Teacher (English-Female) (TGT, for short) stipulated for Post Code No.2/10 as advertised. 3. As per the advertisement, the essential educational and other qualifications prescribed for the aforesaid post are as under:- "Advertisement Essential: "A Bachelor's Degree (Honours/Pass) or equivalent from a recognised University having secured 45% marks in aggregate, in two school subjects of which atleast one out of the following should have been at the elective level:- 1. English, 2. Mathematics, 3. Natural/Physical Science, 4. Social Science. Note:- Main subjects for TGT (Natural Science/Phy. Science) shall be Physics, Chemistry, Biology, Botany and Zoology. Social Science:- History/Political Science/Economics/BusinessStudies/Sociology/Geography/ Psychology. Provided further that the requirement as to minimum of 45% marks in the aggregate at graduation level shall be relaxble in case of (a) candidates who possess a Post Graduate qualification in any of the teaching subjects listed above. (b) belonging to SC/ST (c) Physically handicapped candidates; (II) Degree/Diploma in Training Education or SAV certificate. (III) Working knowledge of Hindi. Provided that Assistant Teacher (from MCD/Dte. of Education) and lab. Assistants shall not be required to have received 45% marks in aggregate in Bachelor's Degree (Pass/Honours) or equivalent. N.B. - "The candidate should have studied the subject concerned as mentioned in the R/Rs in all parts/years of graduation. The elective word may also include main subject as practiced in different Universities." 4. The petitioner had appeared in the objective and descriptive examinations and secured merit rank 17 in the list of 139 candidates provisionally selected for the post of TGT (English-Female). However, she was not appointed and had learnt on information furnished under the Right to Information Act, 2005, that she was considered ineligible as she had not appeared in question papers of 100 marks each in English in the three years at the graduation level. In other words, the stand of the respondents is that the petitioner should have studied English in each of the three years and passed or cleared a paper of 100 marks in English each year. 5. The respondents have relied upon the corrigendum dated 14th March, 2000 issued by them, which reads:- "In partial modification of this office order No.2 dt. 1.7.99 issued vide endorsement No.F.DE.3(2)(2)/E.III/99/15505-519 dt. 1.7.99 the N.B. column after endorsement S.No.1, to page 50 of the said order be read as under: "N.B.: As per policy the definition of elective in R/Rs has been framed as that the candidate should have studied the subject concerned as mentioned in the R/Rs of at least 100 marks each in all parts/years of graduation. The elective word may also include main subject as practiced in different Universities." The above definition of elective subject shall apply to all the orders of promotion and Direct Recruitment issued by this office from time to time. 6. However, by corrigendum dated 30th March, 2010, the aforesaid corrigendum was modified. The corrigendum dated 30th March, 2010 reads:- "CORRIGENDUM In Supersession of this office cor