JAYANTA KUMAR BISWAS, J. - (1.) THE petitioner in this WPCT under art.226 dated March 28, 2012 is questioning an order of the Central Administrative Tribunal, Calcutta Bench ( Circuit at Port Blair) dated January 20, 2012 (WPCT p.69) dismissing his OA.
(2.) THE petitioner filed the OA questioning the selection of the private respondents therein for appointment to the post of GTT(Maths) in the Directorate of Education, A & N Islands, Port Blair. The petitioner was one of the candidates for the post. Selection of the private respondents was questioned, inter alia, on the grounds that they did not possess one of the essential educational qualifications. In the recruitment notice published in newspaper on June 20, 2008 it was mentioned that one of the essential educational qualifications for the post was a Bachelor 's degree from a recognized university or its equivalent in the subject concerned. This was also the relevant provision of the Andaman and Nicobar Administration, Department of Education (Group 'B ' Non -Gazetted and Group 'C ' post in the Directorate of Education), Recruitment Rules, 2006 applicable to the recruitment process. The principal question that arose out of the pleadings of parties and the Tribunal was considering was whether the private respondents in the OA possessed the Bachelor 's degree from a recognized university or its equivalent in Mathematics. The official respondents contested the OA by filing a reply. The private respondents, though were given notice of the OA, chose not to enter appearance and contest the OA. It is evident from the order of the Tribunal that it decided the principal question involved in the OA on the basis of certain facts revealed by certain office file containing an office note dated July 19, 2010 proposing an amendment to the recruitment rules and produced by the official respondents. It is to be noted that the orders appointing the private respondents in the OA were issued as back as 2008.
(3.) THE facts revealed by the file were not pleaded in the reply the official respondents filed before the Tribunal. The Tribunal specifically considered a part of the office note dated July 19, 2010 that for determining the essential educational qualifications eligibility of the candidates for the post of GTT( Maths ) the Department of Education had been following a particular practice for more than three decades. It is evident from para.14 of the order that the Tribunal decided the principal question involved in the OA relying on the fact revealed by the office note about an existing practice. ;