New Delhi: The Central Administrative
Tribunal has pulled up the Directorate of Education (DoE) for
not considering the eligibility of a woman candidate for the
post of Trained Graduate Teacher as equivalent to the
requisite qualification despite clarifications from
It imposed a cost of Rs 5,000 on DoE for arbitrarily
acting on her request to the appointment despite the applicant
being eligible for the post after she showed that the
qualifications she earned from "Gyani" examination was
equivalent to Bachelor`s degree in Punjabi.
"Allowing the appeal, the DoE is directed to issue the
letter of appointment to the applicant for the post of TGT
(Punjabi) within three months.
"We also find the action of DoE as highly arbitrary and,
therefore, award a costs of Rs 5,000 against DoE and in
favour of the applicant," the Tribunal bench, comprising
Members Shanker Raju and Veena Chhotray, said.
It passed the order on an appeal by Satpal Kaur who was
issued an offer of appointment in 2008 for the post but was
not appointed subsequently as the DoE had objections to the
eligibility of the applicant.
The Tribunal said although a selected candidate has no
right to appointment "a limited right against arbitrariness
has been granted in judicial review."
"Despite clarifications and attestation by several
concerned authorities regarding the qualification of "Gyani"
from Punjabi University together with a regular graduation
meeting the prescribed eligibility condition for the post of
TGT (Punjabi), the DoE have not allowed her to join the post,"
It said Delhi government had kept the matter of
appointment of Kaur hanging for more than two years despite
repeated clarifications by concerned competent authorities.