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