Wednesday, January 10, 2018

CAT declares that the candidates who have done two years Diploma in Education (DEd) are entitled for age relaxation for the post of Teacher (Primary)

On 11.01.2018, the Central Administrative Tribunal, Principal Bench, New Delhi (CAT) in “Ms. Suman Rohilla vs. GNCTD & Ors.” [O.A. No. 2541 OF 2015] vide Order dated 11.01.2018, declared that the candidates who have done two years Diploma in Education (DEd) are entitled for age relaxation for the post of Teacher (Primary) in MCD.

In terms of the judgment passed by the Hon’ble Delhi High Court in Writ Petition (Civil) No. 7297/2007 titled “Sachin Gupta & Others v. DSSSB”, decided on 28.08.2008, the candidates who had completed “Certificate Course in ETE” in the year 2006 or 2007 or 2008, were entitled to appear in the examination by giving them age relaxation up to 32 years for male candidates and 42 years for female candidates.

Anuj Aggarwal, Advocate, counsel for Ms. Suman Rohilla, argued that although it was not specifically directed by the Hon’ble High Court in Sachin Gupta’s case (supra) that candidates who completed “Two Years Diploma in Education” in 2006 or 2007 or 2008, would be permitted by the DSSSB to appear in the examination by giving them age relaxation up to 32 years for male candidates and 42 years for female candidates yet the applicant, and other similarly placed candidates, are entitled to age relaxation up to 32 years for male candidates and 42 years for female candidates and denial of such age relaxation to the applicant, and other similarly placed candidates, would be irrational, arbitrary and discriminatory and thus violative of Articles 14 & 16 of the Constitution of India.

Accepting the submissions made by Anuj Aggarwal, Advocate, CAT declared that the candidates who have done two years “Diploma in Education” in 2006 or 2007 or 2008 are also entitled for age relaxation for the post of Teacher (Primary) in MCD. CAT further directed the DSSSB to grant one time age relaxation to Ms. Suman Rohilla and forward her dossier for appointment to the concerned municipal corporation.



Wednesday, January 3, 2018

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CAT declares - Candidate who has not studied English in B.A. but has done MA (English) is qualified to be appointed as TGT (English)

On 03.01.2018, Central Administrative Tribunal (CAT) declared that a candidate who has not studied English as a subject in B.A. but has done MA (English) is qualified to be appointed as TGT (English).

The candidature of Ms. Rinku Singh, who appeared in Delhi Subordinate Services Selection Board (DSSSB) examination for appointment on the post of TGT (English), was rejected by the DSSSB on the ground that she had not studied English as a subject in all the years of graduation. Being aggrieved by her rejection of candidature, Ms. Rinku Singh filed an Original Application [O.A. No. 2950/2016] before the Central Administrative Tribunal, Principal Bench, Delhi (CAT).

Anuj Aggarwal, Advocate, counsel for Ms. Rinku Singh, argued that Ms. Rinku Singh has done M.A. (English), which is a higher qualification, and was, therefore, better qualified that the qualifications prescribed in the Recruitment Rules for the post of TGT (English) in Director of Education, GNCTD.


CAT’s Bench, comprising of Hon'ble Mr. Justice Permod Kohli [Chairman] and Hon'ble Ms. Praveen Mahajan [Member (A)], accepted the argument of Mr. Anuj Aggarwal, Advocate and declared that Ms. Rinku Singh was qualified for being appointed on the post of TGT (English) and directed the DSSSB to forward her dossier to the Directorate of Education, Govt. of NCT of Delhi, for appointment. CAT further held that Ms. Rinku Singh was entitled to all the consequential benefits including seniority and pay fixation.

http://www.advocateanujaggarwal.com/home.php