Delhi High Court
Sarwan Kumar vs Kendriya Vidyalaya Sangathan And ... on 22 November, 2022
Neutral Citation Number 2022/DHC/005095
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 22.11.2022
+ W.P.(C) 11384/2019 and CM APPL. 50282/2022
SARWAN KUMAR ..... Petitioner
versus
KENDRIYA VIDYALAYA SANGATHAN
AND ANR. ..... Respondents
Advocates who appeared in this case:
For the Petitioners : Dr. Amaresh Kumar, Mr. Anshuman Amaresh
and Ms. Ritika Sharma, Advocates
For the Respondents : Mr. U.N. Singh, Advocate
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
CM APPL. 49925/2022 and CM APPL. 49981/2022 (early hearing)
1. Issue notice.
2. Notice is accepted by learned counsel for the Respondents.
3. For the reasons stated in the application, application is allowed.
4. Petition is taken up for disposal today. Next date of 02.05.2023
stands cancelled.
W.P.(C) 11384/2019 and CM APPL. 50282/2022
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
Signing Date:24.11.2022 W.P.(C) 11384/2019 1
16:31:17
Neutral Citation Number 2022/DHC/005095
5. By ad interim application (CM No.50282/2022), Petitioner seeks a
direction to the Respondent to permit him to participate in the Limited
Departmental Competition Examination for the post of Vice Principal. It is
contended by learned counsel for the Petitioner that the eligibility criteria
for the post of Vice Principal is 5 years as a Post Graduate Teacher (PGT).
He submits that in case the petition of the Petitioner succeeds then
Petitioner would be deemed to be Post Graduate Teacher (PGT) with
effect from 1999 when his juniors were promoted and as such would have
the qualifying service for the post of Vice Principal.
6. With the consent of the parties, we have taken up the writ petition
for final disposal today. Accordingly, the fate of this application would be
dependent upon the result of the writ petition.
7. Petitioner had filed the subject Original Application seeking
appointment to the post of PGT in the Respondent Organization.
8. Petitioner joined the Respondent as a Trained Graduate Teacher
(TGT) (Maths). The appointment order specifies that Petitioner has been
appointed as TGT (PCM).
9. It is the case of the Respondent that TGT (PCM) is synonymous to
TGT (Maths) and the other post in issue is TGT (Science) in which a
person has to be a Graduate in Zoology, Botany and Chemistry.
10. Petitioner filed the subject Original Application contending that he
had been appointed in the year 1996 and his juniors who had been
appointed as TGT in 1997 have been promoted to the post of PGT.
11. Tribunal in the impugned order has noticed that the feeder cadre for
the post of PGT is TGT (Maths) and TGT (Science) and since the feeder
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
Signing Date:24.11.2022 W.P.(C) 11384/2019 2
16:31:17
Neutral Citation Number 2022/DHC/005095
cadre is TGT (Maths) and TGT (Science), equality needs to be maintained
in drawing the candidates from both sources. The Tribunal has noticed
that the last candidate drawn from TGT (Maths) (Petitioner's feeder post)
was at Serial No.1851 in the seniority list whereas Petitioner is at Serial
No.1860, in contrast candidate drawn from TGT (Science) occur at Serial
Nos.1812, 1813 and 1815 in the seniority list.
12. The Tribunal has noticed that there can be no comparison between
the applicants from the Maths stream and the Science stream.
Accordingly, the petition was dismissed.
13. Reference may also be had to the relevant Recruitment Rules for
the post of PGT. Para 11 of the KVS (Appointment, Promotion, Seniority,
etc.) Rules, 1971 as amended upto 01.08.2008 which are the relevant
Rules, in para 11 refer to the cases of recruitment/promotion by
deputation, transfer, etc. to the post of PGT. Apart from specifying the
feeder cadres, the Recruitment Rules stipulate as under :-
"...In case vacancies are not available in a particular
subject cadre at the PGT level for which a senior TGT
is eligible, a TGT who may be junior in the same
feeder cadre may be promoted without promotion of
the senior if vacancies are available in a different
subject cadre at the PGT level if the junior is eligible
for it..."
14. Perusal of the Recruitment Rules show that recruitment to the post
of PGT (Science) and PGT (Maths) is as per their separate seniority list
which has to be maintained at that level. The Rules provide that if no
vacancy is available in a particular subject cadre at PGT level and is
available in a different subject cadre then a junior TGT belonging to the
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
Signing Date:24.11.2022 W.P.(C) 11384/2019 3
16:31:17
Neutral Citation Number 2022/DHC/005095
cadre in which vacancy is available can be promoted by, bypassing a
senior in a different subject cadre in which no PGT post is available.
Clearly from the facts of the present case, it is apparent that there was no
post of PGT available in the subject cadre to which the Petitioner belongs
i.e., PGT (Maths) /PGT (PCM). Juniors who are referred to by the
Petitioner belong to the subject cadre ie: Science.
15. We are of the view that Respondent has not committed any error in
applying the Recruitment Rules in so far as the Petitioner is concerned.
Consequently, we find no infirmity in the order of the Tribunal rejecting
the Original Application.
16. We also find no merit in the petition. Petition is accordingly
dismissed.
17. In view of the dismissal of the petition interim application filed by
the Petitioner seeking permission to appear in Limited Departmental
Competitive Examination for the post of Vice Principal is also dismissed.
SANJEEV SACHDEVA, J
TUSHAR RAO GEDELA, J
NOVEMBER 22, 2022/yg
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
Signing Date:24.11.2022 W.P.(C) 11384/2019 4
16:31:17
