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Judgment
HON’BLE MR. MANISH GARG, MEMBER (J):
In the instant OA, applicants seek the following reliefs:
“(i)Pass an order directing the Respondents to call and conduct interview of the applicants based on the interview letter dated 01.05.2023.
(ii)Pass an order directing Respondents not to release select list prepared against Advertisement No.15/2022 issued by Kendriya Vidyalaya Sangathan till the applicants herein are interviewed.
(iii)Pass an order directing Respondent to keep 6 posts vacant till the pendency of the present Original Application.
(iv)Allow instant Original Application in favour of the Applicant and against the Respondents with costs in favour of the Applicant and against the Respondents.
(v)Any other order or orders as this Hon’ble Tribunal may deem fit and proper in the circumstances of the case.”
Briefly stated, the case of the applicants is that they possess the requisite academic qualifications for the post of PGT (Chemistry), including a Master’s Degree from a recognized university with at least 50% marks in aggregate in Chemistry/Biochemistry and the B.Ed. qualification. It is submitted that the applicants have obtained a three-year Integrated M.Sc.-B.Ed. degree in Chemistry from the Central University of Rajasthan, School of Chemical Sciences & Pharmacy. Similar qualifications have been relied upon in respect of the other applicants.
Learned counsel for the applicants submits that despite possessing the aforesaid qualifications, the applicants were not permitted to participate in the interview pursuant to Advertisement No.15/2022. Reliance has been placed upon the judgment passed by this Tribunal in OA No.1659/2023 titled Anooj Kumar vs. KVS.
Learned counsel for the applicants has also placed reliance upon the communication dated 17.05.2023 issued by the Central University of Rajasthan, which reads as under:
“No. CURAJ/R(ACAD)/F148/2023/554 Date: 17.05.2023
To, Ms Nidhi Pandey, IIS, Commissioner, Kendriya Vidyalaya Sangathan, 16. Institutional Area, Shaheed Jeet Singh Marg. New Delhi-110016
Sub.: to consider the degree of integrated M.Sc. B.Ed./Integrated M.Sc. 5 years programme to the eligibility of Kendriya Vidyalaya Recruitment Rules - reg.
Madam,
The Central University of Rajasthan has been established by an Act of Parliament under Central Universities Act, 2009. Presently, the University is running 81 academic programmes of studies
2.The University offers Integrated M.Sc. B.Ed. Programme in Chemistry, Economics. Mathematics and Physics. These programmes are of three years of duration and it has been approved by NCTE (vide Letter-NRC/NCTE/M.Sc. B.Ed./238 meeting (Part-IV/2015/1/0405-406)) issued on 31 May, 2015. (copy enclosed).
3.About 30-40 students having the degree of Integrated M.Sc. B.Ed. from this University. had applied for recruitment advertised by Kendriya Vidyalaya Sangathan. The interviews for the same were scheduled from 15/05/2023 in which our students have been declared non-eligible by KVS for the post of PGT.
4.Whereas, as per the NCTE Regulation 2014 (Part-III, Sectionon-IV, No. 366, Filia-62-1/2012/NCTE), the qualification to be recruited as education teacher in Secondary level, is graduation/post-graduation (or its equivalent) and B.Ed. from NCTE recognized institute. It is also pertinent to mention that recruitment for the same post were held in year 2015 by KVS and many students of this University having the same degree were recruited as PGT.
5.Hence, the students having Integrated M.Sc. B.Ed. degree from Central University of Rajasthan are eligible for the PGT post advertised by Kendriya Vidyalaya Sangathan.
6.Further, the University offers 5-years Integrated M.Sc. programmes in Chemistry. Economics, Mathematics, Physics. Biochemistry, Biotechnology, Microbiology. Environmental Science, Linguistics. Statistics and Computer Science. These programmes offer "Exit" option after VI semester with B.Sc. degree.
7.In this regard, it is requested to consider the above degree programmes offered by the Central University of Rajasthan for the eligibility of Kendriya Vidyalaya Recruitment Rules
Thanking you,
Registrar
Central University of Rajasthan”
It is further submitted that a similarly situated candidate, namely, Mr. Roopendra Singh Madhukar, was offered appointment, which has been placed on record as Annexure-A/9.
Per contra, learned counsel for the respondents opposes the relief sought in the OA. It is submitted that the qualifications prescribed under the relevant Recruitment Rules are specific. According to the respondents, for the post in question the prescribed qualification is a two-year Integrated Post Graduate M.Sc. course of the Regional College of Education of NCERT in the subject concerned. It is accordingly contended that the qualification possessed by the applicants cannot be treated as equivalent merely on the ground that it is also an integrated course.
Learned counsel for the respondents has also relied upon the preliminary objection raised in the counter affidavit, paragraph 3 whereof reads as under:
“3.That the Applicants are challenging the Educational Qualification prescribed by KVS in an Advt. No. 15/2022 for the post of Post Graduate Teacher (PGT). That as per Advertisement No. 15/2022 issued for Officer Cadres, Teaching and Non-Teaching Posts in Kendriya Vidyalaya Sangathan up till the year 2023 in a number of prestigious publications across India, and finally in the Employment News in its issue from 10-13, December, 2022 the portal for submission of online application was opened for candidates on 05.12.2022 and the last date of submission of online application was 02.01.2023. An all-India- based written examination for the post of PGT (Chemistry) was conducted between 18.02.2023 and on the basis of marks obtained by the candidates in the written test candidates were shortlisted for interview. The interview for the post of PGT (Chemistry) was conducted at Bhubaneswar centre from 15.05.2023 to 17.05.2023.”
We have heard learned counsel for the parties and perused the pleadings and material available on record.
At the outset, it is noticed that MA No.686/2024 filed by Yogita Varshney, Applicant No.4, seeking withdrawal from the array of parties in the present OA, is dismissed as withdrawn with liberty to file a fresh application with better particulars vide order dated 26.02.2024. An amended memo of parties thereafter was filed on 27.01.2026 vide Diary No.974. Since the controversy before us relates to the relief claimed by the applicants who continue to remain before the Tribunal, the present order is confined to their case.
The short issue for consideration is whether, in the facts of the present case, the applicants could have been denied an opportunity to participate in the interview solely on account of the nature of the Integrated M.Sc.-B.Ed. qualification possessed by them.
The applicants have placed on record their qualification certificates as well as the communication dated 17.05.2023 issued by the Central University of Rajasthan. The said communication specifically refers to the Integrated M.Sc.-B.Ed. programme offered by the University in various subjects, including Chemistry, and also refers to its approval by the NCTE. The applicants have also relied upon the appointment offered to Mr. Roopendra Singh Madhukar, which has been placed on record as Annexure-A/9.
The applicants have further relied upon the decision of the Coordinate Bench of this Tribunal in Anooj Kumar (supra). Learned counsel for the respondents has sought to distinguish the said decision on the basis of the qualification prescribed for the post and the nature of the course undertaken by the applicants.
We have considered the submissions in the light of the material placed on record.
In Anooj Kumar (supra), the Coordinate Bench had occasion to consider the issue relating to an integrated qualification in the context of the Recruitment Rules applicable to the post of PGT. Though the subject involved in that matter was different, the applicants herein seek consideration of their candidature on the basis of the nature and recognition of the integrated qualification possessed by them. The distinction sought to be drawn by the respondents, therefore, has to be considered in the context of the applicable Recruitment Rules and the documents produced by the applicants.
We also take note of the offer of appointment to the post of PGT (Chemistry) vide communication dated 05.03.2019, placed at Page 84 of the Paper Book. The said document has not been controverted by the respondents.
In the present case, the applicants had already participated in the recruitment process and were seeking an opportunity to appear in the interview. Their candidature came to be excluded at the stage of document verification on the basis of the interpretation placed by the respondents upon the prescribed qualification.
The question of suitability of a candidate is ordinarily distinct from the question of eligibility. Once the applicants claimed to possess the requisite qualification and relied upon documents in support thereof, the issue of their suitability could appropriately be considered in the course of the selection process by the duly constituted selection authority. In the circumstances of the present case, denial of the opportunity to participate in the interview has resulted in the applicants being excluded from further consideration without their suitability being assessed through the interview process.
The respondents have also referred to the temporary nature of the post. However, the nature of the appointment does not, in the facts of the present case, alter the requirement of consideration of the applicants' candidature in accordance with the applicable Recruitment Rules.
We also take note of the decision dated 02.07.2026 in Geeta Rani v. KVS, wherein, in the circumstances noticed therein, the issue concerning denial of an opportunity to participate in the interview for the post of PGT (Mathematics) was considered by the Tribunal.
Keeping in view the aforesaid facts and circumstances, and without expressing any final opinion on the ultimate suitability or entitlement of the applicants to appointment, we are of the view that the applicants deserve an opportunity to participate in the interview.
Accordingly, the OA is allowed. The respondents are directed to conduct the interview of the applicants in accordance with the applicable Recruitment Rules and the relevant selection process. The said exercise shall be completed within a period of two months from the date of receipt of a certified copy of this order. Thereafter, the respondents shall pass a speaking order upon completion of the aforesaid exercise and supply a copy thereof to the applicants. It is made clear that, in the event the decision is in favour of the applicants, the consequential benefits, if any, shall also be extended to them within a period of forty-five (45) days thereafter.
Pending MAs, if any, shall stand disposed of. There shall be no order as to costs.