Anand Prakash Shukla And ORS v. Union Of India And ORS

$~176 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 14668/2024 and CM APPL. 61620/2024 ANAND PRAKASH SHUKLA AND ORS .....Petitioners Through:

Mr. Mohit Siwach and Ms. Khyati Goel, Advocates.

versus UNION OF INDIA AND ORS .....Respondents Through:

Mr. Kushagra Kumar, SPC with Mr.

Vedansh Anand, GP for R-1.

Mr. Amartaya A. Sharan, Advocate for R2/NESTS.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 22.10.2024 1.

This writ petition has been preferred on behalf of the Petitioners seeking appropriate writ or directions to Respondent No.2/National Education Society for Tribal Students ('NESTS'), an autonomous organisation under the Ministry of Tribal Affairs, Government of India, to issue appointment-cum-posting letters in favour of the Petitioners, being selected candidates.

2.

To the extent relevant, brief facts are that on 02.06.2023 NESTS published the 'Eklavya Model Residential School Recruitment Rules, 2023' to regulate the method of recruitment in respect of teaching and nonteaching posts. On 19.07.2023, Notification was issued by NESTS inviting applications for filling up 6329 vacancies of teaching and non-teaching posts. Chapter 4 of the Notification prescribed the eligibility criteria and W.P.(C) 14668/2024 Page 1 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

educational qualifications for all the posts including the post of Trained Graduate Teacher ('TGT') - Librarian, which is the post in question in the present writ petition. The age limit and essential qualifications and experience as advertised are as follows:- 3.

Petitioners are holders of Master of Library & Information Science Degree and being eligible applied for the post of TGT (Librarian) and their online forms were duly accepted by NESTS. Petitioners appeared in the examination held on 24.12.2023, results whereof were declared on 22.01.2024 on the official website of NESTS. Petitioners found themselves in the list of successful candidates and were called for document verification vide notification dated 03.02.2024.

4.

Petitioners participated in the verification process and submitted a duly filled Part-I Bio Data form along with all requisite documents sought by NESTS. It is averred in the writ petition that on 02.03.2024 NESTS issued provisional offers of appointment to the Petitioners to the post of TGT (Librarian). On 20.03.2024, decision was taken by the Competent Authority to re-conduct the document verification process for shortlisted candidates, who were absent in the earlier verification process. Roll numbers W.P.(C) 14668/2024 Page 2 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

of the Petitioners were not mentioned in the said list implying that they had successfully cleared the verification process. 5.

On 01.06.2024 NESTS issued a notice stating that candidates could download their appointment-cum-posting letters from the website but the places of posting were not mentioned in the letters. On 02.06.2024 NESTS issued cryptic appointment letters to the Petitioners, but again the place of their posting was missing.

6.

It is further averred in the writ petition that after issuing the appointment letters, illegally and arbitrarily e-mails were sent to the Petitioners in June, 2024 intimating that their candidature cannot be considered for appointment as their documents revealed that they did not possess the required educational qualification. This was followed by e-mails received on 05.07.2024, whereby NESTS informed the Petitioners that competent authority had decided to give another opportunity to all candidates to prove that they were qualified and possessed the required educational qualifications.

7.

Petitioners aver that they submitted the requisite documents again and were informed in August, 2024 that they were eligible, but despite this, till date appointment-cum-posting letters have not been issued, compelling them to approach this Court.

8.

This writ petition was listed on 21.10.2024 for admission, when learned counsel appearing for NESTS took time to revert with instructions qua the status of the Petitioners. On instructions, learned counsel submits that Petitioners are duly qualified and were accordingly selected to the post of TGT (Librarian) and assures the Court that appointment-cum-posting letters shall be issued to them within four weeks from the date of receipt of W.P.(C) 14668/2024 Page 3 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

this order.

9.

In view of the stand taken by the NESTS, this writ petition is disposed of with a direction to NESTS to issue appointment-cum-posting letters to the Petitioners within the time assured to the Court. 10.

Pending application also stands disposed of.

JYOTI SINGH, J OCTOBER 22, 2024/shivam/jg W.P.(C) 14668/2024 Page 4 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.