MS. AMAN SINHA Vs. GOVT. OF NCT OF DELHI THROUGH CHIEF SECRETARY, NEW DELHI
LAWS(CA)-2011-11-98
CENTRAL ADMINISTRATIVE TRIBUNAL
Decided on November 23,2011

Ms. Aman Sinha Appellant
VERSUS
Govt. Of Nct Of Delhi Through Chief Secretary, New Delhi Respondents

JUDGEMENT

A.K.MISHRA,MEMBER (A) - (1.) CHALLENGING the order dated 23.12.2009 of respondent Selection Board, the applicant has prayed for the following reliefs: - (i) issue directions to the respondent to appoint the Applicant on the post of TGT Drawing Teacher as per merit list in which the applicant obtained the 5th Rank; (ii) issue directions to respondent to pay consequential benefits to the applicant; (iii) pass such other direction which the Honble Tribunal deem fit and proper.
(2.) THE applicant was a candidate for the post of Drawing Teacher under Post Code -162/07, applications for which were invited in the advertisement No. 07/2007 of the Board. She had qualified in the selection test and obtained the 5th position in the merit list as per result notice published on 08.05.2009. But her case was not recommended by the Board on the ground that the Bachelor Degree in Fine Arts obtained by her was not from a recognized Institute. She contends that the degree was obtained by her from the Institute of Advanced Studies in Education (IASE), Rajasthan, which is a deemed university recognized both by the University Grants Commission as well as by the Association of Indian Universities. 2.1 She filed Writ Petition No. 11528/2009 where the same submission was made and a direction was issued to the respondents to pass a speaking order. Relevant extract of the order dated 08.09.2009 of the Honble High Court of Delhi is given below: - 2. Petitioner claims to have made Representation (Annexure -I) to respondent No.2 - Delhi Subordinate Services Selection Board (hereinafter referred to as -respondent No.2 -Board) stating that the Bachelor of Fine Arts degree obtained by her from the Institute of Advance Studies in Education from Sardar Sahir, Distt. Churu, Rajasthan, is recognized by University Grants Commission as well as by Association of Indian Universities. xxxx 5. Representation (Annexure -I) was made to respondent No.2 - Board on 19th May, 2009. It is strange that respondent No.2 -Board has slept over it. To make the factual position clear, a direction is issued to respondent No. 2 -Board to decide petitioners Representation (Annexure -I) within three months from today and that too, by a speaking order. The fate of the Representation (Annexure -I) be conveyed to the petitioner within two weeks thereafter.
(3.) THE impugned order has been passed in pursuance of this direction. The respondent No.2 has taken the position that IASE, Deemed University, Gandhi Vidya Mandir, Sardarshahr (Rajasthan) is not in the list of recognized institutes included in the Recruitment Rules of the department concerned and the list which was published in the advertisement No. 07/2007. On that ground, the candidature of the applicant was rejected. The learned counsel for the applicant submits that IASE is a deemed university having statutory powers to confer bachelor degree in the subject of Fine Arts (BFA). The applicant having obtained BFA from a recognized university, his candidature could not have been rejected. It is also mentioned in the O.A. that the respondents have recommended the cases of candidates who had obtained BFA from Jamia Milia Isliamia and diploma from Shilp Bharati Institute not included in the list of recognized institutes and could not have discriminated the applicant on the same very ground.;


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