- (1.) Chandigarh Administration has filed the instant writ petition under Articles 226/227 of the Constitution of India praying for quashing of the order dated 02.11.2011 (Annexure P-1) passed by the Central Administrative Tribunal, Chandigarh Bench (hereinafter referred to as 'the Tribunal'), whereby the Original Application filed by respondents No. 1 and 2 was allowed and they were held to be eligible for consideration for appointment on the post of Music Master. We have heard the learned counsel for the petitioners and gone through the impugned order.
(2.) In the present case, undisputedly 13 posts of Music Masters/Mistresses were advertised by the Education Department, Chandigarh vide advertisement dated 22.8.2007 mentioning the following qualifications for the said post:- (A)(i) Degree of Bachelor of Education Degree from an institute recognized by NCTE with at least 50% marks in aggregate with music as teaching subject or its equivalent. OR (ii) Degree of Graduate in any subject from a recognized University with at least 50% marks in aggregate. (B) Degree in music from recognized institute with at least 50% marks in aggregate.
(3.) It is also undisputed position that the aforesaid qualifications have been prescribed for the post of Music Master/Mistress in the Chandigarh Education Service (School Cadre) (Group-C) Recruitment Rules, 1991 as amended by Chandigarh Education Service (School Cadre) (Group-C) Recruitment (Amendment) Rules, 2007. It is also admitted position that respondents No. 1 and 2 possess the qualifications prescribed in Clause (A)(ii) and (B) of the Rules. However, the petitioners held them ineligible for the post of Music Master on the ground that they were not possessing the Degree of Bachelor of Education from an institute recognized by NCTE. Thereupon, both the respondents filed Original Application before the Tribunal which has been allowed by the impugned order.;