Anju Meena & Ors. vs Union Of India & Ors.

Hon’ble Mrs. Harvinder Kaur Oberoi, Member(J)

This MA has been filed by the applicant seeking preponement of date.

With the consent of the parties, the OA is taken up for final hearing today.

The MA is disposed of accordingly.

The instant OA has been filed by the applicants, 21 in number, who are serving as PRTs in the Kendriya Vidyalaya Sangathan (KVS) and are eligible for consideration for promotion to the post of Head Master.

Learned counsel for the applicants submits that the applicants were figuring in the seniority list as on 01.01.2025. On 20.03.2025, the Recruitment Rules for the post of Head Master in the KVS were amended and the condition of possession of a CTET certificate was added as a compulsory requirement in the eligibility conditions. He submits that thereafter, in September, 2025, the process was initiated to call for the records of the eligible candidates for consideration for promotion. The candidates who were not in possession of the required CTET certificate were not forwarded by their respective Principals and, as a result, their juniors in the seniority list as on 01.01.2025, who were in possession of the CTET qualification, were sent for consideration.

Learned counsel submits that the CTET examination is conducted by the CBSE, which is a separate autonomous agency, and that the applicants thereafter appeared in the very next examination conducted by the CBSE in February, 2026 and have also qualified in the same and are now in possession of the CTET qualification. This OA has been filed seeking permission to participate in the DPC, since on 09.06.2026 the respondents had asked all the eligible employees to fill in their choice of station for posting after promotion.

Counsel submits that evidently the DPC process was not complete and, therefore, the applicants, who are senior in the seniority list and were, at the relevant time, fully eligible, could have also been included for such consideration. He relies on the decision of this Tribunal in OA No. 2814/2026 dated 19.08.2026, wherein, in similar circumstances, the respondents were directed to convene a Review DPC and consider the cases of the applicants also. He submits that the present OA may also be allowed in similar fashion.

Learned counsel for the respondents, on the other hand, vehemently opposes the OA and relies on the counter affidavit filed by the respondents. He submits that the KVS has followed the DoPT Circular dated 22.06.2024, which prescribes the crucial date for determining the eligibility for promotion as 01 January of the vacancy year. He submits that since on 01.01.2025 the applicants were not in possession of the CTET certificate, the applicants cannot be considered for promotion against the vacancy year 2025 and the OA deserves to be dismissed.

He submits that the applicants have qualified only in February, 2026 and, therefore, they can only be considered for promotion w.e.f. 01.01.2027. He submits that the process of DPC was initiated on 18.09.2025 and the DPC had been convened in October, 2025. However, it is admitted that on 09.06.2026 a notice calling for choice of stations for posting on promotion was issued and, furthermore, till date no final promotion orders have been issued, despite there being no interim order from any Court or Tribunal.

We have also seen the order passed by us on 19.08.2026 in OA No. 2814/2026 and note that the facts of the present case are similar to the one decided therein. However, the respondents have raised an additional defence, namely, the DoPT Circular dated 22.06.2024, and have taken the defence that the crucial date is being followed by them and that determination of eligibility of the candidates is to be done as per the crucial date, which is 01.01.2025.

We are amazed at this submission of the respondents. The eligibility of any candidate has to be determined not only on the said crucial date but also in terms of the requirements of the Recruitment Rules which are in vogue on the said date. On 01.01.2025, the unamended Rules were in position and, if the respondents consider 01.01.2025, the applicants would have been eligible for consideration for promotion. The requirement of qualifying CTET by way of amendment of the RRs was introduced only on 20.03.2025. Once the respondents have amended the RRs and are considering the candidature of the candidates in terms of the amended RRs, they cannot say that the crucial date would continue to be 01.01.2025. In the facts of the present case, when the DPC was convened subsequently, the applicants, having acquired the requisite qualification in the very next examination, could have also been considered.

It is also an admitted fact that the applicants have appeared in and qualified the very next examination conducted by the CBSE in February, 2026 and even till June, 2026 the process of promotions had not been completed. Even till date, promotion orders have not been issued. Therefore, it cannot be said that the promotion process is over.

In OA No. 2814/2026, we have already considered a similar issue and directed the respondents to convene a Review DPC and place the cases of the applicants before the said Review DPC in accordance with the applicable Recruitment Rules and their respective position in the seniority list. The said order was passed, inter alia, noticing that the applicants therein had acquired the requisite qualification before the DPC was actually convened.

The instant OA is similar on facts and we see no reason to take a divergent view.

Accordingly, the respondents are directed to convene a Review DPC and place the cases of the applicants before the said Review DPC in accordance with the applicable Recruitment Rules and their respective position in the seniority list. If the applicants are otherwise found eligible and suitable for promotion, their cases shall be considered for promotion in accordance with the Rules. The aforesaid exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

The OA stands disposed of in the aforesaid terms. No costs.