PERMESH KUMAR Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) Petitioner is aggrieved by the dismissal of OA No.1339/1999 filed before the Central Administrative Tribunal, Principal Bench, New Delhi, vide order dated 27.11.2000. Petitioner in the said OA had challenged his non- appointment as TGT, Social Science. The Tribunal held that the petitioner Permesh Kumar did not meet the eligibility criteria. Petitioner did not secure 50% marks in the aggregate in the examination for 10th, higher secondary/intermediate, graduation and B.Ed. Besides, he had done his graduation in Agricultural Science, which was not an elective subject for TGT Social Science.

(2.) Petitioner had applied for the post of TGT and had applied in response to the advertisement dated 21.1.1997 taken out by respondent No.2 for the post of TGT and Language Teacher for its schools in Delhi. Petitioners claim in the writ petition is that he duly met the eligibility criteria being a physically handicapped person and he applied for the post of TGT Natural Science under the physically handicapped category. Petitioner also claims that as per the Recruitment Rules, the requirement of minimum marks to be secured in the aggregate at the graduation, intermediate/higher secondary and other levels was 45%. Petitioner had duly secured 45.6% marks in the higher secondary examination and as such, was eligible in terms of the Recruitment Rules, which must prevail over the terms of the advertisement. It would be worthwhile, at this stage, to reproduce for facility of reference, the relevant extract from the English translation of the advertisement as it appeared in the newspaper:

(3.) The respondent in the counter affidavit filed, have rebutted the pleas sought to be raised. While admitting the factum of application, it has been averred that the petitioner failed to meet the criteria of having 50% aggregate marks in the 10th standard. Secondly, it has been brought out that the essential qualification for the post of TGT in Social Science was that a candidate should have studied one subject out of History, Political Science, Economics, Business Studies, Sociology, Geography and Psychology at the graduation level. Petitioner has done his graduation in Agricultural Science, which was not an elective subject for the post of TGT, Social Science.