Yeg Dutt Sharma & Ors. vs Govt. Of NCT Of Delhi & Ors.

Justice L. Narasimha Reddy:

The applicants were appointed as Physical Education Teacher (PET) in the respondent organization between 1987 and 2008. The next promotion is to the post of Post Graduate Teacher (PGT) in Physical Education. For that, it is essential that a candidate must possess degree in Post Graduation, in the concerned subject.

The applicants state that they acquired the qualification of Masters in Physical Education (MPE) from various institutions affiliated to Chaudhary Charan Singh University (CCU), Meerut, between 2004 and 2012. Though at one point of time, the MPE was treated as a valid qualification for promotion and the names of the applicants were included in the list of eligible candidates, the respondents entertained a doubt about it and constituted a Committee. The Committee is said to have submitted a report, stating that the National Council for Teacher Education (NCTE) did not recognize such a qualification and in that view of the matter, the applicants cannot be promoted. An order was passed in this behalf on 03.04.2017. Challenging the same, the applicants filed this OA.

The applicants contend that the respective institutions where they studied, were affiliated to CCU, Meerut, and it cannot be said that the Degree obtained by them is not valid. It is also stated that on earlier occasions, the respondents promoted persons with such qualification and there is no basis to take a different view. 4. The respondents filed a detailed counter affidavit. According to them, the appointment and promotion to the posts of various categories of Teachers are governed by the norms stipulated by the NCTE and in the context of promotion to the post of PGT(PE), MPE is not stipulated at all. Another contention is that the applicants have obtained leave to study M.Ed course, whereas they have obtained MPE Degree. The respondents further contended that it was regular course on the basis of regular study, and the applicants cannot be said to have undergone instructions and studies, without applying for leave. 5. We heard Sh. M.K. Bhardwaj, learned counsel for the applicants and Ms. Esha Mazumdar, learned counsel for the respondents, at length. 6. The dispute is about the validity or acceptability of the qualification, i.e., MPE obtained by the applicants from CCU, Meerut. The respondents strongly pleaded that the NCTE did not recognize that. Another contention is that the applicants did not attend the courses on regular basis and they cannot be said to have studied the course effectively.

Whatever be the circumstances under which the impugned order came to be passed, it is brought to our notice that the respondents have appointed another committee vide order dated 30.11.2018 and that the report was also submitted. The applicants can obtain a copy thereof and submit their own point of view vis-à-vis the same. The Appointing Authority shall take the same into account and pass appropriate orders in this behalf, within a period of three months from the date of receipt of a copy of this order. The issue pertaining to the eligibility of the applicants for promotion shall also be decided within that period. Pending MA shall also stand disposed of.

There shall be no order as to costs.