- (1.) This appeal has been preferred against the impugned judgment and order dated 13.2.2013, passed by the High Court of Delhi at New Delhi allowing the Writ Petition No. 5150 of 2012 filed by the Respondents against the judgment and order of the Central Administrative Tribunal. New Delhi (hereinafter referred to as the 'Tribunal') dated 3.1.2012 passed in O.A. No. 3420/2010, whereunder the 'tribunal quashed the show cause notice/order passed by Respondent No. 1 terminating the services of the Appellant for not possessing the requisite eligibility as on the last date of submission of applications. Facts and circumstances giving rise to this appeal are that: A. Delhi Subordinate Services Selection Board--Respondent No. 3 being a recruitment agency issued an advertisement dated 12.10.2007 inviting applications for recruitment to the post of Trained Graduate Teachers (hereinafter called 'TGT') for various courses including TGT (Sanskrit). The last date for submission of the application was 29.10.2007. B. A pre-requisite qualification for the post was that of B. Ed. Though he had appeared in the B. Ed examination prior to submission of the application for TGT (Sanskrit), the result however was declared only on 28.1.2008. He participated in the selection process as he made a representation that he had acquired the requisite eligibility. The appointment letter dated 19.6.2009 was issued making it clear that the appointment was temporary and on provisional basis for two years and further subject to verification of character, antecedents and educational qualification etc. by the Deputy Director Education, New Delhi (hereinafter called 'DDE'). The Appellant joined the service as TGT (Sanskrit) on 26.6.2009. The DDE issued a show cause notice dated 21.9.2010 to the Appellant to show cause why his services should not be terminated as he was awarded the B. Ed degree only on 28.1.2008 which was much after the cut-off date which was 29.10.2007. C. In Clause 11 of the letter of offer of appointment it was made clear that if at any stage it is found that any information/declaration and submission given by a candidate was false or that any information had been concealed/misrepresented, the appointment would be terminated and further the candidate would be liable to be proceeded against in the matter. D. The Appellant submitted the reply to the said show cause notice stating that subsequent to his joining the post he had submitted the copies of the documents including marks sheet of B. Ed for verification and he possessed the eligibility and there was no question of any concealment/misrepresentation on his part. As the reply submitted by the Appellant was found to be unsatisfactory, the competent authority DDE passed an order dated 5.10.2010 terminating the services of the Appellant. The order recites that the employment had been obtained by misrepresentation since he was ineligible, not being possessed of the educational qualification of B. Ed on the last date of submission of the application. The information furnished by him was found to be false and as per Clause 11 of the terms of appointment as he had made a false representation. His services were accordingly liable to be terminated. E. Aggrieved, the Appellant challenged the show cause as well as the said order of termination by filing O.A. No. 3420 of 2010 on various grounds before the Tribunal, which was allowed vide judgment and order dated 3.1.2012 quashing the said show cause notice and granting all consequential benefits to the Appellant. F. Aggrieved, the Respondents, Govt. of NCT of Delhi challenged the same before the High Court of Delhi at New Delhi by filing Writ Petition No. 5150 of 2012. When the matter came up for hearing on 13.2.2013, the High Court allowed the writ petition placing reliance on the judgment and order passed in connected Writ Petition No. 4798 of 2012 basically on the ground that the Appellant did not possess the requisite eligibility in qualification on the prescribed date. Hence, this appeal.
(2.) We have heard S/Shri Rajat Aneja, Aruneshwar Gupta, Bharat Singh, Sanjiv Sen, Learned Counsel for the Appellant in this appeal as well as in other connected appeals and Shri Rakesh K. Khanna, learned ASG for the Respondents and perused the record.
(3.) The facts are not in dispute. As per the advertisement, applications had to be submitted by 29.10.2007 and the Appellant made a representation that he had obtained the B. Ed degree but could not submit a copy of the marks sheet or Degree certificate. The appointment letter dated 19.6.2009 was temporary/provisional, subject to verification of various aspects including that of educational qualification. The Appellant was permitted to join services on the basis of provisional appointment letter and therefore, the sole question involved herein is whether the Appellant could claim any relief, if for one reason or the other his result had not been declared upto the last date of the submission of the application form.;