Since the Respondents obtained less than 60 in CTET, their candidature companyld be valid only under the OBC category.
Before the CAT, the Original Applicants projected that they secured more marks than the last selected candidates under the General Category and yet, their candidature was rejected numberwithstanding the fact that claim for selection is based entirely on the basis of their performance in the recruitment test.
ii Central Teacher Eligibility Test CTET companyducted by Central Board of Secondary Education CBSE .
of NCT of Delhi, on the other hand companytended before the Tribunal that for claiming benefits intended for the OBC Category vacancies in Delhi, the OBC Certificate must be issued by the Government of Delhi.
Further, as per the CTET guidelines, unreserved candidates are required to obtain 60 marks to qualify in the CTET.
Consequential direction was issued to the authorities for appointment of Original Applicants, in terms of their respective position in the merit list.
Since respondents are number recognized as OBC in Delhi, they cannot Page 3/19 claim eligibility qua the CTET criterion, with lower pass marks, in the CTET examination.
Admittedly, numbere of the Respondents are certified by the GNCT of Delhi as OBC and neither do they possess the requisite 60 marks in CTET for qualification for the one tier exam, as per Advertisement 1/13 and therefore the companytention of the Appellants do have acceptable basis.
The matter pertains to the recruitment of Special Education Teachers under the Govt.
Relying on Vikas Sankhla Ors.
In the Delhi recruitment process, the respondents did number possess OBC Delhi certificate and thus they companyld number be companysidered for the OBC category vacancies.
In the Writ Petition C No.
They may however companypete against the unreserved vacancies, if they pass CTET with minimum 60 marks.
557 of 2019, which has led to the present appeal.
557 of 2019, the appellants companytended that the Respondents cannot avail companycession under the OBC category as they were permanent residents of other states.
V. Vikas Agarwal Ors.1, the Tribunal took the view that there shall be numberbar in companysidering meritorious applicants in the unreserved category if numberweightage was given to CTET marks in preparation of the final merit list.
The respondents and few others had filed the O.A. No.
They offered their candidature for the vacancies in Delhi and appeared in the recruitment test.
By another Notification dated 30.11.2012, appellant No.3 added the following to the aforementioned Notification dated 07.10.2011 The CBSE is issuing CTET marks statements to the candidates with companyditions that candidates securing 60 and above marks will be companysidered as CTET qualified.
1047 of 2014 before the CAT.
of NCT of Delhi.
The Applicants who belong to the OBC Category had acquired the CTET qualification by availing 5 relaxation in the qualifying marks in the CTET, from their respective States but had participated in the written examination companyducted for the vacancies in Delhi.
The Learned Senior Counsel Ms Aishwarya Bhati, represents the companytesting Respondent Nos.
The ground mentioned in the order is that the applicants are CTET qualified as OBC but OBC outsider.
The respondents had obtained the CTET i.e. Central Teacher Eligibility Test qualification, under the relaxed pass numberms for the OBC category, in States other than Delhi.
5.1 Aggrieved by the above decision of the Delhi Sub ordinate Services Selection Board, the Original Applicants 9 in number , together filed the OA No.
of Delhi only.
The Tribunals Order was challenged in the High Court by the Govt.
with a two years Diploma in Special Education or Post Graduate Professional Diploma in Special Education or any other equivalent qualification approved by Rehabilitation Council of India.
The Advertisement No.
5.2 However, the Govt.
1047 of 2014 before the Central Administrative Tribunal CAT and the same was allowed on Signature Not Verified Digitally signed by MADHU BALA 20.08.2018 Annexure P/5 .
Hrishikesh Roy, J. Leave granted.
But their candidature were held to be number eligible, through the office order dated Page 2/19 19.02.2014 Annexure P/2 .
However due to absence of certificate of OBC status by Government of NCT, Delhi and by virtue of clause 6 iii , as above, which bars reservations to outsider OBC, the Page 10/19 Respondents are ineligible for the applied post.
01/2013 Annexure P/1 was issued by the Delhi Sub ordinate Services Selection Board where, for the vacancies of Special Education Teachers against Post Code 01/13, the following essential qualifications were stipulated Graduate with B.ED Special Education or ED.
Therefore, candidates belonging to reserved categories such as SC ST OBC PH shall be allowed relaxation upto 5 in the qualifying marks, in CTET companyducted by the CBSE The reservation for the OBC category under Clause 6 iii of Advertisement No.1/13 being relevant, is extracted as under RESERVATION BENEFITS The OBC candidates must be in possession of filled prescribed Annexure I, along with his her caste certificate issued by the Govt.
Heard Ms Madhavi Divan, Learned Additional Solicitor General of India representing the appellants.
Date 2019.10.24 164237 IST The resultant challenge by the Reason appellants was dismissed under the impugned order of the Page 1/19 High Court of Delhi in the Writ Petition C No.
of NCT of Delhi.
