CAT GRANTS RELIEF TO
GUEST TEACHERS, PERMITS PARTICIPATION IN UPSC VICE-PRINCIPAL RECRUITMENT
Tribunal questions
blanket exclusion of teaching experience gained by Guest Teachers; holds that
distinction between regular Guest Teachers and visiting guest faculty requires
detailed examination
Nine Guest Teachers
secure interim protection in recruitment for 704 Vice-Principal posts in Delhi
government schools; selection results to remain in sealed cover pending final
adjudication
NEW DELHI | 1 NOVEMBER
2026
In a significant interim
order concerning the recruitment of Vice-Principals in Delhi government
schools, the Central Administrative Tribunal (CAT), Principal Bench, New
Delhi, has permitted nine Guest Teachers to participate in the selection
process conducted by the Union Public Service Commission (UPSC),
notwithstanding a recruitment condition excluding experience acquired by
visiting or guest faculty.
The order, passed on 12
August 2026, by a Bench comprising Mr. Manish Garg, Member (Judicial),
and Dr. Anand S. Khati, Member (Administrative), came in Pragya Verma
& Others v. Union Public Service Commission & Others, O.A. No.
2999/2026.
The applicants were
represented by Advocate Anuj Aggarwal, assisted by Advocates Shubham
Bahl, Nikhil Pawar, Tanya Rose, Shakib Malik and Pradeep Kumar.
The dispute concerns UPSC
Advertisement No. 51/2026, inviting applications for 124 posts of Principal
and 704 posts of Vice-Principal in the Directorate of Education, Government
of NCT of Delhi.
The Tribunal observed
that the contention that the applicable Recruitment Rules do not expressly
exclude experience acquired by Guest Teachers could not be brushed aside at the
preliminary stage.
DISPUTE OVER RECOGNITION
OF TEACHING EXPERIENCE
The controversy arose
from a condition in the UPSC recruitment advertisement stipulating that
experience acquired through part-time employment, daily-wage engagement or
service as visiting or guest faculty would not be counted for shortlisting
candidates for interview.
The applicants, who had
served as Guest Teachers in schools under the Directorate of Education,
challenged the application of this restriction to their teaching experience.
According to their
petition, the applicants possessed substantial experience as Trained Graduate
Teachers (TGTs) or Post Graduate Teachers (PGTs), having served in Delhi
government schools for several years.
The recruitment
conditions prescribed two years' experience as a PGT or three years' experience
as a TGT for appointment to the post of Vice-Principal, alongside the
prescribed educational qualifications.
The applicants contended
that the exclusion of their teaching experience solely because of the nature of
their appointment was arbitrary and inconsistent with the statutory Recruitment
Rules.
GUEST TEACHERS CANNOT
AUTOMATICALLY BE EQUATED WITH VISITING FACULTY, APPLICANTS ARGUE
Appearing for the
applicants, Advocate Anuj Aggarwal submitted that the expression visiting
guest faculty could not automatically be equated with Guest Teachers
engaged by the Directorate of Education.
He argued that a visiting
faculty member ordinarily delivers lectures on an occasional basis and receives
remuneration linked to individual lectures, whereas Guest Teachers engaged by
the Directorate perform regular teaching duties on a continuing basis and
receive monthly remuneration.
The applicants maintained
that the nature of the work performed, rather than the designation attached to
their engagement, should be relevant when determining whether their experience
fulfilled the recruitment requirements.
Their counsel further
submitted that the Recruitment Rules governing appointment to the post of
Vice-Principal did not expressly exclude teaching experience gained by Guest
Teachers.
It was argued that
administrative instructions accompanying a recruitment advertisement could not
introduce an exclusion beyond the scope of the applicable Recruitment Rules.
RECRUITMENT RULES PROVIDE
FOR RELAXATION
The applicants also
relied upon Clause 5 of the Recruitment Rules, which empowers the Government,
subject to the prescribed conditions and consultation with UPSC, to relax
provisions of the rules in respect of a class or category of persons.
Counsel submitted that
the existence of this provision demonstrated that the statutory recruitment
framework contemplated flexibility in appropriate circumstances.
The applicants maintained
that a rigid interpretation of the advertisement could unfairly exclude
experienced teachers who had discharged teaching responsibilities in government
schools for years.
UPSC DEFENDS RECRUITMENT
CONDITIONS
Opposing the application
for interim relief, counsel appearing for the respondents questioned the
maintainability of the proceedings and defended the recruitment instructions.
The respondents argued
that the impugned condition was explanatory and clarificatory in nature and was
intended to supplement the Recruitment Rules.
According to them, the
instructions governed the assessment of qualifying experience for shortlisting
candidates and did not override the statutory recruitment framework.
The respondents also
maintained that the advertisement conditions were binding on candidates
participating in the recruitment process.
TRIBUNAL FINDS QUESTIONS
REQUIRING DETAILED EXAMINATION
After considering the
rival submissions, the Tribunal identified the central question as whether
experience acquired by Guest Teachers working continuously and receiving
monthly remuneration could be placed on the same footing as experience rendered
by visiting guest faculty.
The Bench observed:
"Prima facie, the
contention of the applicants that the Recruitment Rules do not expressly
exclude the experience acquired by Guest Teachers cannot be brushed aside at
this stage."
At the same time, the
Tribunal acknowledged that the respondents' argument concerning the
clarificatory nature of the recruitment instructions also required examination.
The Bench held that the
relationship between the advertisement conditions and the statutory Recruitment
Rules, including the provision for relaxation, required detailed consideration
after the respondents placed their stand on affidavit.
It further observed that
determining whether the expression visiting guest faculty encompassed
Guest Teachers continuously engaged by the Directorate of Education would
require examination of the relevant rules, the nature of their employment and
the proper interpretation of the recruitment instructions.
DENIAL OF PARTICIPATION
COULD CAUSE IRREPARABLE PREJUDICE
A significant
consideration in granting interim protection was the approaching deadline for
submission of applications, which was 14 August 2026.
The Tribunal recognised
that preventing the applicants from participating in the recruitment process
could cause prejudice that might not be adequately remedied if they ultimately
succeeded in their legal challenge.
The Bench observed:
"The balance of
convenience, therefore, warrants protection of their right to participate in
the selection process, subject of course to the final outcome of the
proceedings."
Finding that the
applicants had established a prima facie case for limited interim protection,
the Tribunal directed that they be permitted to participate in the selection
process for the post of Vice-Principal under Advertisement No. 51/2026.
RESULTS TO REMAIN IN
SEALED COVER
While granting interim
relief, the Tribunal expressly clarified that participation in the recruitment
process would not confer any vested, equitable or indefeasible right to
appointment or final selection.
The applicants'
eligibility and candidature would remain subject to the final outcome of the
Original Application.
The Tribunal further
directed that the results of the applicants, if any, be kept in a sealed cover
and not opened or acted upon without its permission.
The respondents were
directed to file their detailed counter-affidavit within four weeks, with the
applicants permitted to file a rejoinder within two weeks thereafter.
The matter was listed for
27 October 2026. The order dated 12 August 2026 does not establish what
subsequently transpired on that date.
SIGNIFICANCE FOR GUEST
TEACHERS
The proceedings raise an
important question concerning the recognition of teaching experience acquired
through contractual or guest-teacher appointments in public employment.
The case concerns whether
teachers who have performed regular teaching responsibilities over substantial
periods may be excluded from consideration for higher posts merely because
their original engagement was not on a permanent basis.
It also brings into focus
the extent to which recruitment authorities may rely on instructions
accompanying an advertisement to regulate eligibility when the applicable
statutory Recruitment Rules do not expressly contain the same exclusion.
The Tribunal has not
conclusively decided these questions. Its interim order preserves the
applicants' opportunity to participate while leaving the legality of the
disputed recruitment condition and their ultimate eligibility open for final
adjudication.
The case may have wider
implications for similarly situated Guest Teachers, although the interim relief
granted in this proceeding is confined to the applicants before the Tribunal.
CASE DETAILS
Case: Pragya Verma
& Others v. Union Public Service Commission & Others
Case No.:
O.A. 2999/2026, with M.A. 3818/2026
Forum: Central
Administrative Tribunal, Principal Bench, New Delhi
Date of Order:
12 August 2026
Bench: Mr. Manish Garg,
Member (Judicial), and Dr. Anand S. Khati, Member (Administrative)
Counsel for Applicants:
Advocate Anuj Aggarwal, assisted by Advocates Shubham Bahl, Nikhil Pawar, Tanya
Rose, Shakib Malik and Pradeep Kumar.
Nature of Relief:
Interim permission to participate in UPSC Vice-Principal recruitment, subject
to final adjudication, with results to remain in sealed cover.
LEGAL REPRESENTATION AND CONTACT
ANUJ AGGARWAL & COMPANY
ADVOCATES
Office Address:
K-17, 2nd Floor,
Jangpura Extension,
New Delhi – 110014
Delhi High Court Chamber:
483, Block-II, Lawyers Chambers,
Delhi High Court,
New Delhi – 110003
Mobile: +91 9891403206
Email:
anujaggarwal1984@gmail.com
anujaggarwalcompany@gmail.com
Website:
https://advocateanujaggarwal.com/home.php
This report is based on
the Central Administrative Tribunal's interim order dated 12 August 2026 and
the pleadings filed in O.A. No. 2999/2026. It does not represent a final
determination of the applicants' eligibility or entitlement to appointment.
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