Bhagyashree Sahoo & ORS v. Union Of India & ANR
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8640/2018 BHAGYASHREE SAHOO & ORS ..... Petitioners Through Mr. A.K. Singh, Adv.
versus UNION OF INDIA & ANR ..... Respondents Through Mr. Bhagvan Swarup Shukla, CGSC with Mr. Kamaldeep, Adv. for R-1
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
O R D E R
% 29.01.2019 Vide the present petition, petitioners seek directions thereby directing the respondents to consider the candidature of the petitioners for the post of TGTS (III Language Oriya) for the year 2016 as per the advertisement dated 10.09.2016 issued by the respondent no.2.
As per the advertisement (Annexure P-3 which is at page 32) there were 15 posts reserved for Oriya regional language and the essential qualification is as under:
"(a) Four years integrated degree course of Regional College of Education of NCERT with at least 50% marks in the concerned subject as well as in the aggregate.
OR A Bachelor's Degree or equivalent from a recognized University with 50% marks or above in aggregate as well as in the concerned regional language as an elective subject at degree
level.
(b) B.Ed. or equivalent from a recognize University. (c) Competence to teach through English and Hindi / concerned Regional language as the case may be.
(d) Should pass Central Teacher Eligibility Test (CTET) conducted by CBSE."
As stated in the present petition, the petitioners are having essential qualifications, therefore, they were called for written test. Accordingly, they appeared and declared their result on 4.6.2018. However, thereafter the petitioners have not received any appointment letters from the respondent no.2.
Learned counsel appearing on behalf of the petitioner has drawn the attention of this Court to page 123 of the present petition, whereby only three candidates of TGT Oriya were selected against the total vacancies of 15 and not issued appointment letters to the petitioners. In order dated 14.01.2019, it is recorded by this Court that the respondent no.2 stands served by dasti mode, however, there is no appearance on behalf of the said respondent. Even on the last date of hearing i.e, 07.12.2018 there was no appearance on their behalf. Considering the fact that despite the service upon the respondent no.2 it had not filed the counter affidavit, this Court while considering the urgency expressed by counsel for the petitioner directed the matter to be listed on 29.01.2019. Even today none appeared on behalf of the respondent no.2.
As per the advertisement mentioned above, there are 15 vacancies for
TGT Oriya language but only three candidates were selected from Oriya. It is pertinent to note that though among the three selected candidates one candidate was having less marks than petitioner no. 2 and there is no reason as to why the petitioners were not selected despite having essential qualifications and cleared the written test for the post in question. There are vacancies with the respondent no.2.
Accordingly, I hereby dispose of the present petition directing the respondents to give appointment to the petitioners within two weeks from the receipt of this order, if they are otherwise eligible. The writ petition is accordingly allowed.
Order dasti.
SURESH KUMAR KAIT, J JANUARY 29, 2019 gb