KAVITA RAI Vs. CHANDIGARH ADMINISTRATION, CHANDIGARH

JUDGEMENT

(1.) Challenge in the present writ petition is to an order passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for short 'the Tribunal') on 23.02.2010 (Annexure P-10), whereby an Original Application filed by the petitioner challenging her non-selection to the post of Yoga Instructor in the Chandigarh Administration, remained unsuccessful.

(2.) The brief facts leading to the present writ petition are that Chandigarh Administration published an advertisement in the newspaper inviting applications for 8 posts of Yoga Instructors to be filled up on regular basis in Government College of Yoga Education & Health, Sector-23, Chandigarh. The last date for submission of application was 16.08.2007. As per the advertisement, the essential qualification was 'Graduate with at least 45% marks with B.Ed. in Yoga'. The applications were required to be submitted in the prescribed form alongwith self attested copies of all the testimonials. It was also mentioned that where number of applications received is large, selection committee may restrict number of candidates for interview to a reasonable limit on the basis of qualifications & experience.

(3.) In the prescribed application form, Column 7 was of Educational Qualification, which was in relation to examination passed i.e. Graduation, Post-graduation & any other; Column 8 was of Professional Qualification i.e. B.Ed./Yoga & any other; whereas, Column 9 provided for Experience, which was required to be counter-signed. The criteria to determine suitability and to calculate the marks for academic/ professional and additional higher qualification stands approved on 16.10.2007. As per the said criteria, 15 marks have been allocated for Essential Academic Qualification, which were to be arrived at by applying 15 to the aggregate marks obtained at Graduate level; 10 marks have been allocated for Essential Professional Qualification, which were to be arrived at by multiplication of 10 with the marks obtained at B.Ed. Yoga; 6 marks have been allocated for Additional Academic Qualification, the calculation of which was on the basis of weightage of marks for additional higher qualifications in the relevant stream i.e. for 1st Division in MA/MSc./M/Com. or its equivalent 3 marks, 2nd Division in MA/MSc./M/Com. or its equivalent 2 marks & 3rd Division in MA/MSc./M/Com. or its equivalent 1 marks and for Honour's at Graduate Level 2 marks and for Ph.D./M.Phil 1 mark; 3 marks have been allocated for Additional Professional Qualification, which were assigned to the candidate having M.Ed. in Yoga/Post Graduate Diploma in Yoga or its equivalent i.e. 3 marks for 1st Division, 2 marks for 2nd Division & 1 marks for 3rd Division; 5 marks have been allocated for Personality Factors including experience, extra-curricular activities etc., to Experience (from Government/Recognized Institution only will be counted) (minimum period - 6 months) i.e. One mark for one year, maximum five marks and for Extra Co-curricular activities; 6 marks have been allocated i.e. Sports, NCC & NSS activities; and, lastly interview for which 10 marks have been allocated. Thus, the total comes to 55 marks.