JAINISH KUMARI Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) Writ Petitioner Ms.Jainish Kumari has challenged the order of Division Bench of the Central Administrative Tribunal, New Delhi (hereinafter referred to as "CAT") dated 31st May, 2004 dismissing OA No.2800 of 2003 observing that petitioner did not possess the requisite qualifications equivalent to B.Ed. Accordingly Tribunal declined to quash order No.PS/DE/ 2002/792-793 dated 13.03.2002 and Order No.6670 dated 20.06.2002 passed by the Directorate of Education.

(2.) This is the second round of litigation by the petitioner. The Delhi Subordinate Services Selection Board (hereinafter referred as "DSSSB") had issued an advertisement on 12th June, 1998 inviting applications for filling up vacancies of the teachers including two posts of Post Graduate Teachers (Sanskrit) in the category of women. Petitioner who after completing her matriculation, had obtained the degree of Shastri from Sampurnanand Sanskrit University, Varanasi and had obtained Diploma in Training in the subject of Sanskrit from the District Education and Training Institution under the Directorate of Education, Haryana Chandigarh (Language Teaching Course). and had also qualified her M.A. Examination in Sanskrit Literature from Gurukul Kangri University, Haridwar, applied for the post of PGT in response to the said advertisement. On 22.08.1999 she appeared in the written examination and on 5.10.1999 she was declared successful. She ranked at serial No.2. She appeared in the office of the respondent No.3 alongwith her testimonials on 27.11.1999. However, she was not issued appointment letter as Deputy Director, Directorate of Education (Respondent No.3) held that she did not possess the requisite qualifications to be appointed as PGT and her candidature was rejected on the plea that she only possessed Diploma in Training which was not equivalent to B.Ed. and according to the National Council for Teachers Education Act, 1993 her diploma and training was equivalent to Elementary Teacher Education and she was qualified only to teach primary classes.

(3.) Petitioner being aggrieved by the action of the Directorate of Education, filed OA No.2350/2000 before the CAT challenging the rejection of her candidature for appointment. However, the said OA was dismissed. Aggrieved by the said order, petitioner filed Writ Petition in the High Court of Delhi being Writ Petition No.3590 of 2001. The said Writ Petition was disposed of on 10th October, 2001 with the following directions:-