PRAKASH SINGH Vs. UOI & ORS

JUDGEMENT

(1.) The petitioner has challenged the order dated 22nd February, 2010 passed by the Central Administrative Tribunal, Principal Bench in OA 3073/2009 titled as Sh. Prakash Singh Vs. UOI through Secretary, Ministry of HRD, dismissing his application seeking direction to the respondent to quash and set aside the selection process for the post of TGT (Math) held as per advertisement dated 15th - 21st November, 2008 and direction to the respondents to consider the petitioner for empanelment as a TGT (Maths). The petitioner graduated in PCM stream in second division from CCS University, Meerut. He had scored more than 66% marks in PCM Stream in Maths, Physics and Chemistry, however, he did not score more than 50% marks in chemistry. By the notification dated 15th/21st November, 2008 in Employment News, the Kendriya Vidyalaya Sangathan, respondent nos. 2 & 3 invited applications for the post of TGT (Maths) under the post code No. 36 with pre-revised pay scale of Rs. 5500-9000. The upper age limit for the said post was 35 years and the last date of receipt of application was 15th December, 2008. The essential qualifications laid down for the candidates for the post of TGT (Maths) were as under:-

(2.) The petitioner was, however, not empanelled in the select list of the candidates for the post of TGT (Maths) in OBC category and therefore, he sought information under RTI Act, 2005 and he was informed that he was not eligible because he had secured 221 marks out of 450 marks in chemistry at graduation level, which was less than 50% marks. The petitioner challenged his non-empanelment for the post of TGT (Maths) on the ground that though he did not have 50% marks in Chemistry, however, he had 50% marks in Mathematics and he also had aggregate marks of more than 50% and in any case, Physics, Chemistry and Maths (PCM) his percentage was more than 57%. It was contended that low percentage of 49.11% in Chemistry alone could not affect his eligibility for the post of TGT (Maths) as he had not applied for TGT (Science) nor for any TGT post other than Maths. The petitioner also contended that the marks obtained in Chemistry by the petitioner at the graduation level have no nexus to his appointment as a TGT (Maths).

(3.) Before the Tribunal, the plea of the petitioner was contested by the respondents contending, inter alia, that the petitioner was not eligible for empanelment because he had less than 50% marks in Chemistry at the Graduate level. Regarding issuing of admit card and the petitioner qualifying the exam and appearing in the interview, it was asserted that he was allowed to appear as a candidate provisionally but final selection of the petitioner was subject to eligibility for the post as the verification of certificates is done at the time of interview. Reliance was also placed on the Employment News dated 15th - 21st November, 2008 stipulating that the candidate should ensure that they fulfill all eligibility conditions and mere issuance of admit card will not imply that the candidate has been finally selected. Regarding the essential qualifications for the post code No. 36 viz. TGT (Maths), it was categorically stipulated that Maths with any of the two following subjects, i.e., Physics/Chemistry/Electronics/ Computer Science/Statistics. A candidate was required to have a Bachelor"s degree with at least 50% marks in concerned subject(s) and in aggregate including elective and languages in the combination of subjects a minimum of 50% marks. Since for the Maths, a candidate was required to have following additional subjects of Physics/chemistry/electronics/computer science/Statistics, the candidate was required to have 50% marks in subject(s).