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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)To direct the Respondents to act upon the representation of Applicant and allow the Applicant to appear in the Interview scheduled between 03.11.2023 to 08.11.2023 for Direct Recruitment of Primary Teacher in Kendriya Vidyalaya Sangathan-2022, the Applicant being qualified and eligible to appear in the Interview;
ii) To allow the OA with cost.
iii) Any other orders may also be passed as this Hon'ble Tribunal may deem fit and proper in the existing facts and circumstances of the case.”
Issue notice to the respondents. Mr. S. Rajappa, learned Senior Standing counsel for KVS accepts notice on behalf of Respondent No. 1.
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 interim relief, the applicant seeks the following:-
“Pending final adjudication of the OA, it is humbly prayed that the Hon'ble Tribunal may be pleased to allow the Applicant to participate in the Interview process scheduled to be held between 03.11.2023 to 08.11.2023 for Direct Recruitment of Primary Teacher in Kendriya Vidyalaya Sangathan-2022, the Applicant being qualified and eligible to appear in the Interview and direct the respondents to issue a final list of candidates shortlisted for the Interview depicting the name and registration number, time and venue of Interview of Applicant and produce the same before this Hon'ble Tribunal.”
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 Counsel representing the respondents to convey the same to the Competent Authority by the fastest means of communication right away. Learned counsel for the applicant undertakes to supply a copy of the OA to Mr. S. Rajappa, learned counsel for the respondents forthwith.
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.