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Appointment on the post of Principal in DOE, GNCTD – UPSC stipulated 13.05.2021 as cut-off date for determining the eligibility – CAT held that the candidates, who completed 10 years teaching experience after the stipulated cut-off date, are entitled to be considered for appointment

15 May 2023

Central Administrative Tribunal (CAT), Delhi

 

Appointment on the post of Principal in DOE, GNCTD – UPSC stipulated 13.05.2021 as cut-off date for determining the eligibility – CAT held that the candidates, who completed 10 years teaching experience after the stipulated cut-off date, are entitled to be considered for appointment

 

On 24.04.2021, UPSC issued an advertisement inviting applications for appointment on 363 posts of Principal in DOE, GNCTD. UPSC stipulated 13.05.2021 as closing/last date for accepting the application forms. It was also declared that 13.05.2021 shall be the cut-off date for determining the eligibility of the applicants.

 

On 25.04.2021, UPSC deferred the recruitment process in view of Covid-19 pandemic.

 

On 10.07.2021, UPSC re-published the advertisement. UPSC stipulated that 29.07.2021 shall be the closing/last date for accepting the application forms. UPSC, however, stipulated that the cut-off date for determining the eligibility of the applicants/candidates shall be 13.05.2021.

 

One of the requisite eligibility conditions for appointment on the post of Principal was that the applicant must have 10 years teaching experience.

 

Several TGTs and PGTs of DOE, GNCTD completed the requisite 10 years teaching experience during the period between 13.05.2021 to 29.07.2021. They requested UPSC that the cut-off date for determining the eligibility of the applicants/candidates must be 29.07.2021 (i.e., the closing date for accepting the application forms) instead of 13.05.2021 (which was the closing date for accepting the application form in the previous advertisement).

 

UPSC did not accede to the request of the aforesaid applications. Consequently, the aggrieved candidates filed Original Applications before the Central Administrative Tribunal, Principal Bench, Delhi.

 

Vide Order dated 15.05.2023, the Original Applications of the aforesaid candidates were allowed and UPSC was directed to consider the candidature and declare the result of the applicants/candidates who completed the requisite 10 years teaching experience on/before 29.07.2021. The directive paragraphs of the Order dated 15.05.2023 is reproduced below for ready reference: -

 

21. After going through the advertisement in question, we are of the opinion that the same is self-contradictory. As stated above, in clause 9 (b), the respondent No.1 – UPSC made it clear that the date of determining eligibility of all candidates in every respect shall be the closing date for submitting the ORA on the website. So, in terms of the advertisement re-issued on 10.07.2021, the closing date for receiving the applications was 29.07.2021, thus the eligibility of the candidate with reference to the experience also ought to be 29.07.2021 in terms of clause 9 (a) referred to above. However, the respondent No.1 in re-issued advertisement dated 10.07.2021 submitted that though the closing date for making online applications would be 29.07.2021, but the eligibility and other conditions as mentioned in the earlier advertisement dated 24.04.2021 remain unchanged, thereby making it clear that the date of receipt of applications though extended, the eligibility criteria in respect of the experience was maintained as per the earlier advertisement. It is important to note that despite the extension of closing date, the respondent No.1 maintained the earlier position of the advertisement in the re-published advertisement.

 

22. In our view, the above facts make it clear that the advertisement issued by the respondent No.1 is self-contradictory so far as the closing date of eligibility criteria is concerned.

 

23. From the perusal of clause 9 (b) of the ‘instructions and additional information to candidates for recruitment by selection’ appended with the advertisement in question, it appears to be the policy of respondent No.1 that the eligibility criteria regarding age, qualification and experience would be the closing date for submitting the ORA on the website. We find logic in this stipulation and naturally if the date of online submission of applications is extended by republishing the advertisement and the applications are called afresh, then the eligibility criteria regarding experience could be as on the date of the closing date for submitting ORA on the website.

 

24. In the facts and circumstances of the case, we find merit in these O.As. They are accordingly disposed of with the following directions:

 

The respondent No.1 – UPSC is directed to declare the results of the applicants and take further appropriate and necessary action in accordance with law. It is made clear that since in terms of the interim directions the applicants were permitted to participate in the selection process, the observations made hereinabove will be confined to the applicants herein only.


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[Satish Anand & Ors. Vs. UPSC & Ors., O.A. No. 1394/2021, decided on 15.05.2023, Central Administrative Tribunal, Delhi]

 

Anuj Aggarwal

Advocate

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New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

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