Nilakantha Mishra vs Commissioner, Kendriya Vidyalaya Sangathan, 18, Institutional Area, Saheed Jeet Singh Marg, New Delhi, 110016 & Others

Pramod Kumar Das, Member (A)

The instant OA has been filed by applicant with a prayer to declare him to be eligible for the post of TGT(Math) in LDCE 2022.

The case of the applicant is that he passed Graduation in Science in three years course with Mathematics, Physics and Chemistry. He was appointed as Primary Teacher on 19.01.2009 and joined as PRT, Kogagu, Karnataka. By the efflux of time, on transfer, he joined at KV-1, Bolangir on 26.09.2017. Pursuant to Notification dated 02.11.2022 (A/3) to fill up the various posts including the post of TGTs through LDCE, he applied for the post of TGT on 12.11.2022. His candidature having not been recommended by Respondent No.3, he preferred representations on 23.11.2022 and 30.11.2023 and having received no response, filed the this OA.

Respondents filed their counter contesting the case of the applicant. The contention of the respondents is that the Kendriya Vidyalaya Sangathan issued an Advertisement dated 02.11.2022 for filing up the Teaching and Non-Teaching Posts from amongst eligible Teachers/Officials of KVS through Limited Departmental Competitive Examination, 2022. The feeder posts, educational/professional qualification, experience and eligibility criteria for the Posts advertised in LDCE Notification dated 02.11.2022 are as per the KVS Recruitment Rules. As per the eligibility criteria prescribed in the Notification dated 02.11.2022 (A/3), for the Post of TGT (Maths), the applicant should have studied Mathematics for all the three years of Graduation with any two subjects out of Physics, Chemistry, Electronics, Computer Science, Statistics. BA (Hons.) in Maths and B.Sc (Hons) in any Subject other than Maths are not eligible for the post of TGT (Maths). The applicant is having B.Sc. Pass Degree without Hons and as per his Provisional Certificate-cum-Marks sheet (A/1 series at Page-9 to the O.A.), he has studied Mathematics for two years only and not for all the years of Graduation and marks obtained in Maths for two years only .

Ld. Counsel for the parties have reiterated their stand taken in their respective pleadings. Having considered the submissions, perused the records. Indisputably, the grievance of the applicant in this OA is against non-consideration of his candidature for the post of TGT (Maths). According to the applicant, he has the qualification of Graduation in Science in three years course with Mathematics, Physics and Chemistry. Respondents’ stand is that since the applicant did not have the requisite qualification provided under the Recruitment Rules for being considered for the TGT (Maths) his candidature was rejected. Thus, the crucial question that arises for consideration of this Tribunal as to whether the applicant has the educational qualification provided in the RRs as under:

Name of the post

Educational Qualification

Professional Qualification

Eligibility Criteria

Feeder Post

TGT (Maths)

The applicant should have studied Maths in all the years of graduation with any two subjects out of Physics, Chemistry, Electronics, Computer Science, Statistics.

In case of Honours Degree in Maths, the applicant should have studied Maths in all the years of graduation with any of the two subjects indicated in para No.1 above.

BA (Hons) in Maths and B.Sc (Hons) in any subject other than Maths are not eligible for the post of TGT (Maths).

“PRTs having 05 years of regular service with Bachelor’s Degree with 50% marks in that subject/combination of subjects prescribed for direct recruits.

04 Years Integrated Degree of Regional College of Education of NCERT OR Bachelor's Degree in Maths with any 02 subject out of Physics, Chemistry, Electronics, Computer Science, Statistics with 50% Marks. The Mathematics should be in all the year(s) of Graduation with B.Ed. Degree or equivalent.

However, the condition of having 50% marks and above in Graduation or equivalent shall not apply in case of Teachers who have rendered at least 05 years of regular service in KVS as PRT on or before any particular crucial date of eligibility i.e., 1st January will be for the vacancy years 2018 to 2020 and 1st April will for the vacancy years 2021 to 2023."

PRT

According to Ld. Counsel for the applicant, he has fulfilled educational qualification since he studies Mathematics in all the years of Graduation with Chemistry with Physics Hos. and passed without Hons. The Eligibility Criteria for the post of TGT (Math) also mentions PRT having five years regular service with Bachelor Degree with 50% mark in that subject/combination of subject as prescribed for direct recruit, however, condition of having 50% mark and above in graduation or equivalent shall not apply in case of teachers who have rendered at least five years of regular service KVS as PRT i.e. 1st January will for the vacancy for the years 2018 to 2020 and 1st April will be for the vacancy 2021 to 2023. The applicant has rendered more than five years regular service in KVS as PRT before the crucial date of eligibility, i.e. 01.01.2018. It is also the stand of the applicant (in rejoinder) that he studied Mathematics in all the years of Graduation, i.e. three years degree course examination, 2004 from Sambalppur University with Mathematics as a core subject. As per the prevailing Syllabus & Regulations at that time, there were provision of two Examinations, one first examination and the other final examination. The first examination covered the subjects/papers taught during the 1st academic year and 2nd academic years of three years degree course. The applicant studied mathematics as core subject during 1st year and also 2nd years. Hence, according to the applicant, rejection of his candidature is bad in law.

On the other hand, Ld. Counsel for the respondents submitted that the argument advanced by the Ld. Counsel for the applicant is his own interpretation without having any such evidence that the applicant has studied Mathematics in all the years of Graduation. By placing reliance on the marks sheet placed at Annexure-A/1 series (internal page 9), it has been submitted that the applicant is having B.Sc. Pass Degree without Hons. He studied Mathematics for two years only and secured 30 marks out of 100 in each two years and, that, he studied B.Sc (Hons) in Physics but due to less mark in Hons subject he was awarded pass certificate stating on the bottom of the certificate “Result: Pass Without Hons.” Hence, it has been submitted that rejection of the candidature of the applicant was just and proper and no interference is warranted.

Before expressing any opinion on the points noted above, it is worth-mentioning that the prescribed eligibility qualification for appointment to a post for recruitment is a matter to be considered by the appropriate authority. It has been held by Hon'ble Supreme Court in Zahoor Ahmad Rather & Ors. v. Sheikh Imtiyaz Ahmad & Ors, ((2019) 2 SCC 404, that the State, as an employer, is entitled to prescribe qualifications as a condition of eligibility, after taking into consideration the nature of the job, the aptitude required for efficient discharge of duties, functionality of various qualifications, course content leading up to the acquisition of various qualifications, etc.

In the case of Anand Yadav and Ors. Vs. State of Uttar Pradesh & Ors., (2021) 12 SCC 390, the issue before the Supreme Court was whether for the purpose of appointment to the post of Assistant Professor, MEd degree can be treated as equivalent to degree of MA (Education) and even if it was treated as an equivalent, could it be said that an MEd is a post-graduation in the relevant subject. Supreme Court observed that in a recruitment process, equivalence of MEd degree and the degree of MA (Education) is essentially matters of policy and Judicial review must tread warily. In paragraphs 32 to 35 of the decision the Supreme Court observed that in matters of education, the view of educationists must be preferred and it is not the function of the Court to sit as an expert body over the decision of the experts and this aspect has received judicial imprimatur even earlier. The Court further observed that it is for the employer to consider what is the functionality of a qualification and the content of the course of studies which leads up to the acquisition of a qualification and such matters to be left to the educationists

In the case of Dilip Kumar Garg & Anr. Vs. State of Uttar Pradesh & Ors., (2009) 4 SCC 753, the Hon’ble Supreme Court held that the administrative authorities are in the best position to decide the requisite qualifications for promotion from Junior Engineer to Assistant Engineer, and it is not for this Court to sit over their decision like a Court of Appeal.

In the case of State of Maharashtra Vs. Lata Arun, (2002) 6 SCC 252, the Hon’ble Supreme Court held that the prescribed eligibility qualification for admission to a course or for recruitment to or promotion in service are matters to be considered by the appropriate authority. It is not for courts to decide whether a particular educational qualification should or should not be accepted as equivalent to the qualification prescribed by the authority

In this case, the respondents rejected the candidature of the applicant for the post of TGT (Maths) since the applicant did not possess the educational qualification. The applicant seeks this Tribunal to interfere in rejection of his candidature on the ground that the applicant had studied Maths for all the years of Graduation but has not produced any such evidence to substantiate except the marks sheet wherefrom prima facie it reveals that he studied Maths for two years and secured 30 marks out of 100 marks for two years only. This is also fortified by the certificate issued by Sambalpur University stating that the applicant studied the mathematics as core subject during the 1st and 2nd year. Further, the certificate also shows that he has passed the BSc. Exam without Hons. As noted above, since eligibility qualification for appointment to a post for recruitment is a matter to be considered by the appropriate authority and the authority concerned is well within their domain to prescribe qualifications as a condition of eligibility, after taking into consideration the nature of the job, the aptitude required for efficient discharge of duties, functionality, this Tribunal do not find any such justifiable ground to interfere in the decision insofar as eligibility of the applicant to appear at the LDCE for TGT (Maths).

In view of the facts and law discussed above, this OA sans any merit is dismissed. Parties to bear their own costs.