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| Unsuccessful participant cannot turn around, challenge selection process, after participating in it without any challenge: CAT | | | Early Times Report
JAMMU, Aug 20: A Bench of Central Administrative Tribunal holds that an unsuccessful participant cannot turn around and challenge the selection process, after participating in it without any challenge.
This significant judgment has been passed by Bench comprising B. Anand (A) Member and Rajinder Singh Dogra (J) Member while hearing a petition seeking quashment of the impugned offer of appointment to the post of teacher group non gazetted dated 23.02.2024 order no A/ 319/2024 EST SEC GZ-SED954.60 and also seeking direction to the respondent to comply with the rule of 2021 issued by the administration of union territory of Ladakh school education department of 2021.
The essence of the conflict involves a notification issued by the National Council for Teachers' Education (NCTE). According to such notification all the applicants or candidates who are B.Ed. degree holders were qualified or acceptable for the post of primary school teachers i.e., for the classes of 1 to 5. Although the Rajasthan Teacher Eligibility Test (RTET) was by the Board of Secondary Education, the State of Rajasthan from the list of eligible applicants or candidates, B.Ed. degree holders were eliminated. This conduct of eliminating candidates or applicants of the Government of Rajasthan was questioned before the High Court of Rajasthan. The High Court of Rajasthan suppressed the notification of the NCTE and held that the B.Ed. degree holder applicants or candidates were restricted and not qualified for the post of primary school teacher.
CAT after hearing both the sides observed that in the present impugned notification they have not cleared whether said post is for primary, or elementary or secondary level and their criteria runs in counter to the said post, as in the said post they have mentioned all together B.Ed along with CIET 1 and CIET 2 for the said which in general cannot read together as if it applies to primary level there is no need of B. Ed (bachelors of education), or if it not for primary there no need of CIET 1 or if it is for elementary or secondary or further, there is need of CIET 2, and there is no requirement of CIET 1 and all cannot be run together for the said post which has not been defined or specified.
Later on, as per direction of this Bench, Tsering Paldan, Director School Education, Ladakh and Delex Nzmsyal, Secretary, Leh autonomous Hill Development Subordinate Service Recruitment Board UT, Ladakh appeared before this Bench in person and submitted the letter dated 24.05.2023 before the Bench in which respondents have clarified that for selection of General Line Teacher, the candidate has to qualify both papers I&II of CIET.
CAT observed that it also appears from the record that many of the applicants had participated in the selection process however, they could not succeed in the same and, thereafter, they have challenged the selection process. CAT held that an unsuccessful participant cannot turn around and challenge the selection process, after participating in it without any challenge.
CAT held that the respondents were well within their right and jurisdiction while seeking the eligibility of passing both the papers CIET I&II for the post of General Line Teacher and CAT found these OA's to be devoid of merit and accordingly both the O.A.'s are dismissed. All the M.A.'s stand disposed of. The interim order stands vacated. Respondents are at liberty to proceed further to complete the process of selection and appointment of the candidates as per advertisement notifications and the scheme of examination.
—JNF |
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