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OA 1281/2021
Item No. 3
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No.1281/2021
M.A. No. 1616/2021
M.A. No. 1617/2021
M.A. No. 1618/2021
This the 7th day of July, 2021
(Through Video Conferencing)
Hon’ble Mr. Justice L. Narasimha Reddy, Chairman
Hon’ble Ms. Aradhana Johri, Member (A)
1. Payal, D/o Shri Sunil Alekar
R/o 178 Sector 17, Old Faridabad
Kheri Kalan (113), Haryana 121002
2. Ekta, D/o Shri Anil Kumar
R/o E-2 Satyawati Colony
Ashok Vihar – Phase – III
Near Lakshmi Bai College
Swamy Narayan Underpass
.. Applicants
(Applicant in person)
VERSUS
1. New Delhi Municipal Council
Through its Chairman
Palika Kendra Sansad Marg
New Delhi – 110001
2. Directorate of Education
Through its Director
Old Secretariat Delhi - 110054
3. Delhi Subordinate Services Selection Board
FC-18 Institutional Area
Karkardooma, Delhi – 110092
Through its Chairman
.. Respondents
(By Advocates : Ms. Esha Mazumdar and Ms. Sriparna
Chatterjee)
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OA 1281/2021
Item No. 3
O R D E R (ORAL)
Justice L. Narasimha Reddy, Chairman:
The Delhi Subordinate Services Selection Board (DSSSB) issued
a notification on 12.05.2021 inviting applications for various posts,
including the post of Assistant Teacher (Primary) with code No.
42/21. The method of applying for the post as well as qualifications,
are stipulated in the notification itself. The qualifications for the
post of Assistant Teacher (Primary) are also prescribed. The
applicants hold the Graduation Degree and B.Ed. Degree. They
contend that though they held the qualification stipulated by the
National Council for Teachers Education (NCTE) and in a way,
superior to those stipulated by the respondents, their applications
are not being received. In this background, they filed this OA with a
prayer to direct the respondents to treat them as qualified for the
post of Assistant Teacher (Primary) and to consider their cases
accordingly. The case was heard earlier and we granted time to the
learned counsel for the respondents to obtain instructions.
2. Today, we heard the applicant, who argued her case in
person, and Ms. Esha Mazumdar and Ms. Sriparna Chatterjee,
learned counsel for the respective respondents, in detail.
3. The qualifications stipulated for the post of Assistant
Teacher (Primary), read as under:-
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OA 1281/2021
Item No. 3
1. Senior Secondary (or its equivalent) with at least 50%
marks and 2 years Diploma in elementary education (by
whatever name known) from a recognised Board
OR
Senior Secondary ( or its equivalent) with atleast 45%
marks and 2-years Diploma in elementary education (by
whatever name known) in accordance with the NCTE
(Recognition Norms and Procedure) regulations-2002
OR
Senior Secondary (or its equivalent) with atleast 50%
marks and 4-years Bachelor of elementary education
(B.El.Ed)
OR
Senior Secondary (or its equivalent) with atleast 50%
marks and 2-years Diploma in Education (special
education) from a recognised Board
OR
Graduation and 2-years Diploma in elementary education
(by whatever name known) from a recognised Board
2. Pass in the Central Teacher Eligibility Test (CTET)
conducted by the Central Board of Secondary Education
(CBSE).
3. Must have passed Hindi or Urdu or Punjabi or English as
a subject at Secondary Level.
Note – Relaxation up to 5% in the qualifying marks ( in
Academic qualification) shall be allowed to the candidates
belonging to reserved categories such as
SC/ST/OBC/PH.”
There is no indication that the candidates holding B.Ed
would be eligible to apply for the post.
4. The applicants hold the qualification of Graduation as well
as B.Ed. Though it is stated that they hold the Central Teachers
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OA 1281/2021
Item No. 3
Eligibility Test (CTET) qualification also, it is not in complete
form. Obviously for that reason, their applications are not
accepted by the system evolved by the respondents through
online. The contention of the applicant is that vide its notification
dated 28.06.2018, the NCTE declared the candidates with B.Ed.
as eligible to be appointed as teacher in primary school for
teaching Classes I to V, provided the persons appointed as
Assistant Teacher, shall undergo six months bridge course in
elementary education. They contend that once the statutory body
at national level stipulated such qualification, there is no basis
for the respondents to ignore the same.
5. It is true that in OA No. 2998/2019, this Tribunal took the
view that the qualification stipulated by the NCTE, do not apply
per se in a State, unless they are specifically adopted. It is also
brought to our notice that a Writ Petition is pending against the
said judgment. However, in the recent past, the Hon’ble Supreme
Court dealt with this issue in Civil Appeal bearing No. 3707/2020
(Ram Sharan Maurya and ors. Vs. State of UP and Ors.)
and batch. In the judgment dated 18.11.2020, their Lordships
discussed the matter at length and held that once the NCTE
stipulated the qualifications, the candidates possessing them
become eligible, even if the States have not adopted such
qualification. Para 43 of the judgment reads as under:
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OA 1281/2021
Item No. 3
“43. The Notification dated 28.06.2018 being
binding on the State Government, the statutory
regime put in place by the State has to be read in
conformity with said Notification. The eligibility or
entitlement being already conferred by Notification
dated 28.06.2018, the amendments to 1981 Rules
were effected only to make the statutory regime
consistent with the directives issued by the NCTE.
The right or eligibility was not conferred by
amendments effected to 1981 Rules for the first time
and therefore the element of retrospectivity present
in the concerned amendments has to be read in that
perspective. The intent behind those amendments
was not to create a right for the first time with
retrospective effect but was only to effectuate the
statutory regime in tune or accord with NCTE
directives. Theoretically, even if such statutory
regime was not made so consistent, the concerned
candidates holding B.Ed. degrees could still be
eligible and could not have been denied candidature
for ATRE- 2019.”
6. The last sentence of the paragraph extracted above
becomes material in this behalf. In categorical terms, their
Lordship’s held that even if the State did not adopt the regime
stipulated by NCTE, the candidates become eligible to apply.
7. In that view of the matter, we allow the OA and direct that
the respondents shall treat the candidates holding B.Ed. Degree
as eligible to apply for the post of Assistant Teacher (Primary).
To avoid the hardship to the candidates, who did not apply so far,
we direct that the respondents shall issue a corrigendum,
enabling the candidates with B.Ed. Degree to apply for the post of
Assistant Teacher (Primary) and provide them reasonable time to
apply.
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OA 1281/2021
Item No. 3
Pending MAs also stand disposed of. There shall be no
order as to costs.
Order by DASTI.
(Aradhana Johri) (Justice L. Narasimha Reddy)
Member (A) Chairman
/lg/jyoti/ankit/dd
