New Delhi, March 4, 2025
In
a major relief to an aspiring teacher, the Central Administrative Tribunal
(CAT), Principal Bench, New Delhi, has quashed the cancellation order
issued by the Directorate of Education, GNCT of Delhi, rejecting the
candidature of Sonu Sharma for the post of Domestic Science Teacher
(Post Code 88/20).
The
Tribunal, comprising Hon’ble Dr. Sumeet Jerath (Administrative Member) and
Hon’ble Ms. Harvinder Kaur Oberoi (Judicial Member), held that Sonu Sharma
fulfilled all the essential and desirable educational qualifications and
directed the respondents to reconsider her appointment within two months,
if she is otherwise found fit.
Background
Sonu
Sharma, a resident of Bhiwani, Haryana, had applied under the UR category for
the post of Domestic Science Teacher through DSSSB Advertisement No. 04/20
dated 04.01.2020. She scored 103.28 marks, significantly higher than the
cut-off of 81.31. She was provisionally selected, issued an offer
of appointment on 15.06.2022, and attended document verification.
However,
in a surprising turn, her candidature was cancelled via order dated
24.11.2023 on the grounds that she did not possess a “Bachelor’s degree in
Home Science,” as allegedly required by the recruitment rules.
Applicant's
Argument
Represented
by advocate Mr. Anuj Aggarwal and team, Sonu contended that she had
studied Home Science as a subject throughout all three years of her B.A.
and also completed a B.Ed. with Home Science as a teaching subject. She
argued that the recruitment rules only required a Bachelor's degree with
Home Science, not necessarily an Honours degree.
She
also pointed out that 194 posts were advertised, but only 104 candidates were
selected, resulting in a shortage of teachers, adversely affecting the Right
to Education under Article 21A of the Constitution.
Tribunal’s
Observations
The
Tribunal noted that Sonu Sharma had:
- A B.A.
(Pass) degree with Home Science as a subject in all three years;
- A B.Ed.
degree with Home Science pedagogy;
- Passed Hindi
at the secondary level (a desirable qualification);
- Scored more
than the last selected candidate in the written exam.
The
Bench held that if the Department wanted only Honours graduates in Home
Science, it should have specified that in the advertisement. In the
absence of such a stipulation, her rejection was found erroneous.
Citing
its earlier ruling in Rachita & Ors. vs. DoE, the Tribunal extended
the same relief to Sonu Sharma.
Order
“The
cancellation order dated 24.11.2023 is hereby quashed. The respondents are
directed to consider the applicant for appointment within two months. The
applicant will be entitled to all notional benefits like fixation of pay and
seniority, but not arrears of pay under the principle of ‘No work, no pay’.”
[Sonu Sharma vs. Directorate of Education, GNCTD
& Ors., O.A. No. 4004/2023, Order dated
04.03.2025, Central Administrative Tribunal, Delhi]
https://advocateanujaggarwal.com/home.php
Anuj Aggarwal
Advocate
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New Delhi - 110014
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Delhi-110003
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