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Judgment
Hon’ble Mr. Tarun Shridhar, Member (A)
The applicant is an aspirant to the post of Primary Teacher in Kendriya Vidyalaya Sangathan (KVS) and has participated in the selection process pursuant to a vacancy notification No. 16/2022 issued on 02.12.2022. Briefly stated, and as explained by the learned counsel, the applicant's case is that despite scoring marks higher than the cut off, on account of certain technical provisions, she has not been invited to participate in the second stage of selection process i.e., the Interview. She ventilates her grievances by way of filing the present OA, seeking the following reliefs:-
“i.Declare the action of Respondent No. 1 in not considering the Representation of the Applicant dated 20.10.2023 and in not calling the Applicant for the interview for the post of Primary Teacher in KVS despite meeting the eligibility criteria and despite scoring more marks than the cutoff (Cutoff is 134.9098 and the Applicant is scoring 168 Marks), only upon some technical considerations, as arbitrary, unfair, unreasonable and contrary to Article 14 and 21 of the Constitution of India.
ii.Direct the Respondent No. 1 to appoint the Applicant to the Post of Primary Teacher in KVS after giving her the opportunity to appear for interview.
iii.Pass such other and further orders as this Hon'ble Tribunal may deem fit and proper in the interest of justice.”
Issue notice to the respondents. Mr. Gyanendra Singh, learned Senior Central Govt. Standing Counsel and Mr. S. Rajappa, learned Senior Standing counsel for KVS accepts notice on behalf of Respondent No. 1. Mr. Gyanendra Singh, learned counsel further accepts notice on behalf of Respondent No. 3 also.
By way of the prayer for interim relief, the applicant seeks a direction to the respondents to allow her participation in the interview process, which is said to be scheduled between 03.11.2023 and 08.11.2023. We have taken up the OA for disposal at the admission stage itself as the subject is likely to become redundant with the passage of time.
Learned counsel for the parties are agreeable that the OA be disposed of today itself. By way of prayer made in para 9 (i), the applicant has sought a direction for a decision upon her representation dated 20.10.2023. For the sake of clarity, the said prayer for interim relief is reproduced below:-
“9.(i) Direct the Respondent No. 1 and 2 to consider and decide the Applicant's representation dated 20.10.2023. in conjunction with the documents and averments contained in this OA, in a time bound manner, so as to give an opportunity to the Applicant to sit for interviews, scheduled from 03.11.2023 to 08.11.2023 and subsequently appoint the Applicant to the post of Primary Teacher.”
Allowing this prayer, we also dispose of the OA with a direction to the Competent Authority amongst the respondents to take an appropriate decision in accordance with Rules and against the background of facts and circumstances of the case upon the pending representation of the applicant. However, we also notice that the said representation is a bit cryptic and vague, and may not be of great assistance to the Competent Authority to decide the issue. Although, we recognise that it is our duty to adjudicate the OA, however, considering that very limited time is left to decide the issue at stake, we direct that the contents of this OA be also deemed to be a part of the representation of the applicant while taking an appropriate decision. Further, considering that the schedule of interview is stated to be between 03.11.2023 and 08.11.2023, we direct that the Competent Authority shall take the decision and convey the same by way of a reasoned communication to the applicant on or before 05.11.2023.
While the order may be served Dasti, we expect the Senior Counsels representing the respondents to convey the same to the Competent Authority by the fastest means of communication right away.
Before parting, we would like to outrightly state that nothing in this order is to construed as any comment upon the merits of the claim of the applicant. There shall be no order as to costs.