Saturday, December 31, 2022

B. Ed. (Special Education) is equivalent to B.Ed.; and B.Ed. (Special Education) is a valid qualification for appointment on the post of TGT English (Male) in DOE – CAT directed the DOE to issue appointment letter and grant all consequential benefits, including seniority

22 November 2022

Central Administrative Tribunal (CAT), Delhi

 

B. Ed. (Special Education) is equivalent to B.Ed.; and B.Ed. (Special Education) is a valid qualification for appointment on the post of TGT English (Male) in DOE – CAT directed the DOE to issue appointment letter and grant all consequential benefits, including seniority

 

In the year 2017, Mr. Mohit Kumar applied for appointment on the post of TGT English (Male) in DOE. He qualified the written examination but, vide rejection Order dated 07.05.2019, Mr. Mohit Kumar’s candidature was rejected by the DSSSB. Ground for rejection was that Mr. Mohit Kumar had B. Ed. (Special Education) degree whereas the essential qualification, as per the advertisement, was B. Ed. degree.

 

On 06.10.2022, Mr. Mohit Kumar filed an Original Application (O.A. No. 2928/2022) before the Central Administrative Tribunal, Principal Bench, New Delhi.

 

Vide Order dated 22.11.2022, the Central Administrative Tribunal allowed the Original Application and directed the Director of Education, GNCTD to issue appointment letter to Mr. Mohit Kumar and grant him all the consequential benefits, including seniority. The directive paragraphs of the Order dated 22.11.2022 are reproduced below for ready reference: -

 

4. Since, there is not even an iota of difference in the facts and the issues involved, we allow the present O.A. The result notice dated 07.05.2019 bearing No. F.No.163/Result/TGT(English)/Male/Int. Cell/DSSSB/2018-19/2229-38, is quashed and set aside to the extent that it rejects the candidature of the present applicant.

 

5. Subsequent to this direction, a further direction is issued to the respondents that in the event of the applicant meeting all other qualifications and eligibility criteria including merit in the selection examination, give him appointment to the post of TGT Male (English) with all consequential benefits including seniority at par with the candidates who were selected pursuant to the said examination. However, the consequential benefits so awarded shall only be on notional basis.

 

https://advocateanujaggarwal.com/home.php

 

https://advocateanujaggarwal.com/advocateadmin/img/Finalist/2022123116724924482022%20CAT%20-%20Mohit%20Kumar.pdf

 

[Mohit Kumar Vs. DSSSB & Ors., O.A. No. 2928/2022, decided on 22.11.2022]

 

Anuj Aggarwal

Advocate

D-26/A, First Floor, Jangpura Extension,

New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Landline – 011 - 35554905

Email – anujaggarwal1984@gmail.com

 

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