Chandrakant Prajaptai & Anr. vs Union Of India & Ors.

The applicants are currently employed and working as regular Primary Teachers (PRT) with the respondent department, Kendriya Vidyalaya Sangathan (KVS).

Under the original KVS Recruitment Rules dated 04.03.2014, the promotional post of Headmaster was mandated to be filled in a 50:50 ratio i.e.50% by direct institutional promotion and 50% through the Limited Departmental Examination (LDCE) followed by an interview. As per the Recruitment Rules 2014, any Primary Teacher who had rendered at least 5 years of regular service within Kendriya Vidyalayas was fully eligible to participate in the LDE for promotion to Headmaster. Thus, at the relevant time there was no condition for passing the Central Teacher Eligibility Test (CTET) to be eligible for promotion to the post of Headmaster. Therefore, there was no need for the applicants herein to pass the CTET.

Thereafter, on 20.03.2025, the respondents amended the Recruitment Rules 2014 (Annexure A/3) for teaching posts including the Headmaster. The new rules added a retrospective restrictive filter i.e. to participate in the LDE for Headmaster, Primary Teachers must not only have 5 years of regular service but must also possess a certificate of having cleared CTET (Paper-1).

It is submitted that on 11.12.2025, KVS issued an advertisement to fill 124 vacancies for the post of Headmaster through the Limited Departmental Examination for cycles extending up to December 2026. The final date to upload forms was set for 26.12.2025, with the exam scheduled for 15.02.2026. When the applicants attempted to submit their electronic applications starting 20.12.2025, the portal blocked them from finalizing their submissions because they had not cleared the CTET.

It is submitted that the statutory guidelines require the competent authority (CBSE, Delhi) to conduct the CTET twice a year. However, the last CTET examination was conducted in November 2024. Since that date, no CTET exam has been organized, denying the applicants a fair window to clear the test. Therefore, for no fault on the part of the applicants they were denied their legitimate right to participate in the selection process. Hence, they have approached this Tribunal by way of present OA.

In compliance of the direction issued by this Tribunal, the respondents permitted the applicants to apply for the LDE for the post of Headmaster and accordingly, they appeared in the said LDE of which the result is being awaited.

It is also submitted that after the amended Recruitment Rules 2025 which stipulates the condition that the Primary Teachers who have completed five years of regular service and also possesses the certificate of passing CTET is eligible for the post of Headmaster, the Competent Authority has not conducted any CTET Examination. Under the circumstances, in absence of any CTET being conducted the applicants cannot be deprived to participate in the LDE for the post of Headmaster. It is stated that after the said Vacancy Notification dated 11.12.2025, first time the CBSE declared the schedule for CTET and same was conducted on 08.02.2026, thus, there was no occasion for the applicants to appear and pass the said requisite CTET Examination before the Vacancy Notification dated 11.12.2025.

Learned counsel for the applicants submitted that during the pendency of this OA, the applicants appeared in the CTET and have successfully qualified the Central Teacher Eligibility Test (CTET) in February 2026 and now they are fully eligible as per the criteria prescribed under the amended Recruitment Rules, 2025. Therefore, the very basis on which the respondents sought to deny the participation of the applicants no longer survives as the applicants now possess the CTET qualification as well.

It is also submitted that the applicants have now passed the CTET and by considering the requisite minimum service as well as the length of service and the seniority they have become eligible to be considered for regular promotion to the post of Headmaster. It is submitted that the respondent no. 2 is in process of finalizing and publishing select list for the post of Headmaster. It is also submitted that the applicants’ names do not appear in the list of candidates selected for field verification for promotion through DPC from the post of PRT to HM.

Hence, the applicants have also filed M.A. No. 297/2026 for issuance of direction upon the respondents to direct the respondents to consider and include the name of the applicants herein in the select list for the post of Head master.

It is stated that Primary Teachers who joined KVS after 2014 had cleared the CTET as an entry-level induction rule. By enforcing the 2025 rule blindly for the internal LDE, the department is allowing junior teachers to jump the line and sit for the exam, effectively erasing the merit, experience, and seniority of senior teachers like the applicants through no fault of their own. It is also submitted that since 100% of Headmaster posts are filled internally (66.67% by standard seniority promotion and 33.33% via internal LDCE) with zero direct public recruitment, locking out internal candidates undermines the operational capacity of the feeder cadre.

Learned counsel for the applicant by referring the Office Order dated 08.09.2026 whereby 107 employees who were offered the promotion from the post of Primary Teacher to the post Headmaster have failed to join their duties on the promotion on allotted place of posting within stipulated time submits that as the said 107 employees have failed to join the promotional post of Headmaster for the period of one year, therefore, minimum 107 vacancies as on date exist. Therefore, according to learned counsel there is no harm or administrative difficulties to consider the applicants case for promotion to the post of Headmaster.

Learned counsel for the applicants also relied on the recent orders passed by the Principal Bench of this Tribunal in similar cases in O.A. No. 2796/2026 (Durgesh Kumar Pandey & Ors. Vs Union of India & Ors.) dated 19.08.2026, O.A. No. 2814/2026 (S. Manju & Ors. Vs. The Commissioner KVS, New Delhi) dated 19.08.2026, O.A. No. 2265/2026 (Anju Meena & Ors. Vs. Union of India & Ors.) dated 07.09.2026 and submits that the Principle Bench while considering the case of similarly placed employees had taken into consideration the fact that vacancies are still available and accordingly while remitting the matter to the Competent Authority and directed to convene a Review DPC and consider the case of the applicants accordingly.

Thus, in view of the above, learned counsel for the applicants prays that the OA as well as M.A. No. 297/2026 may be allowed.

That the updated Recruitment Rules (dated 20.03.2025) making CTET Paper-I mandatory for the post of Headmaster are framed strictly in accordance with statutory guidelines from expert bodies like the NCTE, NCERT, and CBSE. Further, in this regard, learned counsel for the respondents by referring the NCTE Gazette Notifications dated 23.08.2010 and 12.11.2014, argues that minimum qualifications prescribed by the NCTE for initial recruitment (which includes passing the Teacher Eligibility Test) are equally applicable for the promotion of teachers from one level to the next.

Therefore, as the applicants herein did not possess the mandatory CTET qualification on the crucial eligibility date (01.01.2026), they are legally ineligible to participate in the Limited Departmental Examination (LDE) and as such for promotion to the post of Headmaster.

It is also contended that a large number of senior candidates appointed prior to 2010 have proactively followed the NCTE guidelines and already acquired the CTET Paper-I qualification to secure their promotional avenues. Therefore, due to inaction on the part of the applicants herein, exempting or relaxing this rule provisionally for the applicants would result in an unfair, discriminatory practice against those inside the system who dutifully complied with the national standards. It is submitted that the Departmental Promotion Committee (DPC) for 2025 has uniformly disqualified all Primary Teachers lacking a CTET certificate.

Learned counsel for the respondents argued that the M.A. No. 297/2026 introduces an entirely new and distinct cause of action that falls completely outside the scope of the present Original Application as the OA strictly challenges the applicants' exclusion from the Limited Departmental Examination (LDE) 2025. However, the MA introduces a separate substantive demand for promotion via the Departmental Promotion Committee (DPC).

It is further argued that the closing date to determine the eligibility for the LDE 2025 was 26.12.2025. The applicants failed to qualify for the Central Teacher Eligibility Test (CTET) by this mandatory cut-off date. Under Department of Personnel & Training (DoPT) guidelines, the crucial date for DPC promotion eligibility for the vacancy year 2025 was 01.01.2025. The applicants did not hold the required CTET (Paper-1) qualification on this date. Therefore, they are not eligible for promotion to the post of Headmaster.

The applicants’ contention that they have subsequently cleared the CTET exam in February/March 2026, therefore now they are eligible and as such they may be granted promotion, is not tenable as obtaining a qualification at a later date cannot retrospectively cure an existing ineligibility on the officially notified cut-off dates. Further, it is submitted that as per the established service law a candidate has to possess all essential qualifications at the time of the designated timeline to ensure fairness in the ongoing selection process.

Further, it is submitted that the Tribunal's interim order dated 23.12.2025 merely allowed the applicants to provisionally sit for the LDE exam on 26.04.2026. This temporary permission did not declare the applicants legally eligible, nor did it waive the mandatory recruitment rules or grant them an enforceable right to be placed on the promotion panel.

As noted herein above, by way of ad-interim relief, vide order dated 23.12.2025 the respondents were directed to allow the applicants to submit their online application/physical application and during the pendency of the OA, the applicants successfully cleared the CTET exam held on 08.02.2026. Consequently, the primary reason for their initial disqualification to be eligible for the LDE in respect to post of Headmaster no longer survives.

It is an undisputed fact that the statutory guidelines required the competent authority (CBSE) to conduct the CTET twice a year. However, undisputedly, no exam had been organized since November 2024 until February 2026. This denied the applicants a fair opportunity to clear the test before the vacancy notification date (December 11, 2025) though no fault of their own.

At this stage, it is apt to mention that after the amendment of Recruitment Rules i.e. on 20.03.2025 and issuance of vacancy notification dated 18.11.2025, the CBSE for the first time conducted the Central Teacher Eligibility Test (CTET) on 08.02.2026, as noted herein above, the applicants passed the CTET and accordingly become eligible for said promotion to the post of Headmaster.

It is noticed that learned counsel for the applicants has placed on record copy of office order dated 08.09.2025 which clearly indicates that total 107 Primary Teachers (PRT) who were offered the Headmaster promotion but failed to join their duties to the higher post of Headmaster, meaning substantial vacancies exists. Therefore, the respondents may not face administrative difficulties in accommodating the applicants herein. Further, in identical case, The Principal Bench of this Tribunal in case of Anju Meena & Ors. Vs. Union of India & Ors (supra) remitted similar cases back to the competent authority because vacancies were actively available and directed to convene a Review DPC.

The respondents are directed to declare the results of the applicants herein in respect of the promotional selection process initiated for the Vacancy Notification dated 11.12.2025 and if the applicants herein found to have passed the Limited Departmental Examination (LDE), the respondents shall consider the applicants' case for the grant of promotion to the post of Headmaster, as they have now successfully passed the CTET and possess all other requisite qualifications for promotion.

It is also directed that if the applicants are found eligible to be considered for Regular Promotion, the respondents shall process their promotion by convening and conducting a Review Departmental Promotion Committee (Review DPC) as held by the Principle Bench in O.A. No. 2265/2026 (Anju Meena & Ors. Vs. Union of India & Ors.) dated 07.09.2026 (supra)

The aforesaid directions be complied with by the respondents expeditiously not later than 90 days from the date of receipt of certified copy of this order.