Chandigarh interpretation of candidates’ qualification wrong: Tribunal

Ramkrishan Upadhyay

Chandigarh, August 30

In one of the significant judgments, the Chandigarh Bench of the Central Administrative Tribunal (CAT) has directed the UT Administration to appoint candidates whose names had figured on the merit list, but were declared ineligible on the grounds that they had not done nursery teacher training (NTT) from an institute recognised by the National Council for Teacher Education (NCTE).

The Education Department had issued an advertisement to fill 131 posts of nursery teachers on a regular basis in August 2019.

The applicants successfully cleared the written test and their names were shown on the merit list in their respective categories. The applicants and other candidates appeared before a document checking committee, which declared them ineligible on the grounds that their two-year NTT course is not from an NCTE-recognised institute.

Rohit Seth, the counsel for the applicants, said the decision of the committee was arbitrary as the applicants fulfilled all qualifications as required in the advertisement. He said the panel wrongly interpreted the qualification. They contended that they had completed diploma from recognised institutions and that in the similar circumstances, the Delhi Staff Selection Board had also accepted it.

After hearing of the arguments, the Bench observed that as per the notification of the UT Education Department, the required qualification was a diploma in nursery teacher education, pre-school education or early childhood education programme of duration not less than two years or BEd (Nursery) from an NCTE-recognised institution.

A plain reading of regulations as quoted above made it clear that as far as diploma was concerned, it should be of two-year duration and BEd (Nursery) only from an NCTE-recognised institution.

The Bench said the interpretation that diploma should be from an NCTE-recognised institute was not supported by the language of various regulations.

“In the light of above discussions, the respondents are directed to consider the claim of the applicants to participate in the selection process on the basis of their position in the merit list in terms of qualification prescribed in the advertisement,” the Bench observed in its order.

The Bench further directed the respondents to appoint them, if eligible otherwise, within three months from the date of the receipt of a certified copy of the order. They would be entitled to pay and all benefits from the date of joining.