Smti. C.Raveena v. Union Of India And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTION WRIT JURISDICTION [CIRCUIT BENCH AT PORT BLAIR] PRESENT: THE HON'BLE JUSTICE HIRANMAY BHATTACHARYYA AND THE HON'BLE JUSTICE SHAMPA DUTT (PAUL) WP.CT/56/2025 SMTI. C. RAVEENA ... PETITIONER VS.

UNION OF INDIA AND OTHERS ... RESPONDENTS For the petitioner : Mr. Gopala Binnu Kumar For the respondents : Mr. Rakesh Kumar Ms. Preeja Menon Reserved on : December 19, 2025 Judgment on : December 19, 2025 HIRANMAY BHATTACHARYYA, J.

1.

The petitioner has challenged the order dated November 01, 2025 passed by the Central Administrative Tribunal, Kolkata Bench, Circuit Bench sitting at Port Blair (for short 'the Tribunal') in OA No. 351/1280/2024, in this writ petition.

2.

The petitioner after completing the Bachelor of Science in Catering Science and Hotel Management pursued the Master Degree course in Tourism and Travel Management and obtained the master degree in the said subject in the year 2022.

3.

Pursuant to a vacancy notice published for the recruitment to Group C (Graduate Level) posts to be filled up in Directorate of IP&T by

conducting open competitive recruitment examination, petitioner applied for the post of Assistant Manager.

4.

The petitioner claims to have the requisite qualification for the post of Assistant Manager. The petitioner appeared at the written examination and was declared successful in the said written examination. Thereafter, the petitioner was called to appear for verification of educational qualification/certificates and other documents.

5.

Petitioner along with other successful candidates participated in the verification process and thereafter the respondent authority was sitting tight over the matter. The petitioner was compelled to approach the learned Tribunal by filing an Original Application being O.A. No. 351/900/2024 (Port Blair). The said Original Application was disposed of by an order dated July 4, 2024 by directing the competent authority to consider and decide the pending representation of the applicant as per extant rules and in the light of various judgments of the Hon'ble Apex Court relating to higher educational qualification of candidate expeditiously and pass a reasoned and speaking order, which shall be communicated to the petitioner within the time limit indicated therein. 6.

Thereafter, the Director (IP &T), Andaman and Nicobar Administration passed an order dated August 13, 2024 referring the matter to the Administration for cancellation of the entire recruitment process for the said post.

7.

Challenging the order dated August 13, 2024, the petitioner approached the learned Tribunal by filing an Original Application being OA No. 351/1280/2024. The learned Tribunal dismissed the said original application by the judgment and order impugned. Being aggrieved, the Original Applicant before the learned Tribunal approached this Court.

8.

Mr. Gopala Binnu Kumar, learned advocate appearing for the petitioner submits that the petitioner is possessing a higher qualification than that is required for the post in question. He further submits that a person possessing a higher qualification shall be deemed to possess the lower qualification as well. He further submits that excepting the petitioner, no other candidate possessed the requisite qualification for appointment to the post in question. He submits that the learned Tribunal without considering the fact that the petitioner is possessing the requisite qualification dismissed the said original application.

9.

Mr. Rakesh Kumar, learned advocate appearing for the respondent authorities submits that a Committee was constituted, who verified the certificates and other testimonials of the candidates and after considering the same referred the matter to the Administration for cancellation of the entire recruitment process. He further contended that none of the candidates satisfied requisite educational qualification for the post in question.

10.

Heard learned advocate for the parties and perused the materials placed.

11.

The learned Tribunal, by an order dated July 04, 2024, passed in O.A. No. 351/900/2024 directed the competent authority to consider and decide the pending representations of the petitioner as per the extant rules and in the light of the various judgments of the Hon'ble Apex Court relating to higher educational qualification of the candidate and to pass a reasoned and speaking order.

12.

Thereafter, the Director (IP&T) passed an order dated August 13, 2024.

The said order records that the educational qualification/certificate and other documents of the candidates were verified by the Designated Committee of the department. The educational qualifications of the respective candidates have also been reflected in the said order.

13.

The said order further records that the candidate at Sl. No. 1 in the merit possessed the Bachelor of Business Administration in Tourism and Travel Management. The said order further records that another provisionally shortlisted candidate also possessed the qualification of Bachelor of Technology in Computer Science and Engineering and Master of Business Administration (Tourism). The said order further records that the petitioner herein possesses the degree in B.Sc. in Catering Science & Hotel Management and Master of Tourism & Travel Management.

14.

At this stage, it would be relevant to take note of the recruitment/vacancy notice wherein the essential qualification for the post of Assistant Manager has been indicated. It would appear from the said vacancy notice that the essential qualification for the post of Assistant Manger is a Degree from a recognized university with Diploma in Travel & Tourism Management from a recognized Institute. 15.

It has not been disputed by the respondent authority that the petitioner is a Bachelor of Science in Catering Science & Hotel Management and Master of Tourism & Travel Management. 16.

After noting the qualification of the petitioner, and the other shortlisted candidates, the Director, in the order dated August 13, 2024, has not returned any finding as to why the qualification of the petitioner as well as other candidates as mentioned in the said order cannot be said to fulfill the essential qualification as indicated in the vacancy notice.

17.

The competent authority was directed by the Tribunal by an earlier order dated July 04, 2024 to consider the representations of the petitioner as per the extant rules and in the light of the judgments of the Hon'ble Apex Court relating to higher educational qualification of a candidate and pass a reasoned order.

18.

When the Tribunal remanded the matter before the authority to consider the representation as per the extant rules and the decisions of the Hon'ble Supreme Court, the authority was obliged to consider the matter in the light of the said directions.

19.

The Director while passing the order dated August 13, 2024 observed that the primary objective of the decision is to rectify discrepancies in educational requirements and thereby to ensure fairness and transparency in future recruitment process. It was further observed therein that the existing Recruitment Rules are very old and not at par with the requirements of the post of Assistant Manager and, therefore, the department has proposed for cancellation of the current Recruitment process for the post of Assistant Manager. 20.

Thus, it is evident that the Director passed the order dated August 13, 2024 taking into account certain extraneous factors. When the matter was remanded by the learned Tribunal to the authority with certain directions, the authority ought to have decided the issue in the light of such directions. That having not been done is a good ground for setting aside such order.

21.

No reasons have been assigned in the order dated August 13, 2024 whether or not the petitioner as well as other shortlisted candidates, possess the requisite qualification as per the vacancy notice. The learned Tribunal without making any attempt to decide whether the earlier direction passed by the Tribunal was complied with or not, dismissed the original application with an observation that the Tribunal cannot decide whether a Masters in Tourism & Travel Management or BBA/MBA in Tourism cannot be treated as equivalent to a Diploma in Travel and Tourism Management, which is the minimum qualification prescribed for the post of Assistant Manager.

22.

When the matter was remanded to the authorities by the Tribunal to consider with certain directions, it was the duty of the learned Tribunal to consider whether the authorities considered the matter in the light of observations and directions passed by the learned Tribunal in the order dated July 04, 2024.

23.

This Court has already observed that the authorities did not return any finding as to whether or not the qualification of the shortlisted candidates including the petitioner satisfies the essential qualification.

24.

For all the reasons as aforesaid, this Court is inclined to interfere with the impugned order passed by the Tribunal as well as the order dated August 13, 2024 passed by the Director (IP&T), Andaman and Nicobar Administration.

25.

Accordingly, the impugned order dated November 01, 2025 passed by the learned Tribunal in O.A. No. 351/1280/2024 and the order dated August 13, 2024 passed by the Director (IP&T), Andaman and Nicobar Administration are set aside. The Director (IP&T) being the 6th respondent is directed to consider the matter afresh in the light of the observations made herein before keeping in mind the directions passed by the learned Tribunal in the order dated July 04, 2024 passed in O.A. No. 351/900/2024 and to pass a reasoned order after affording an opportunity of hearing to the petitioner as well as the other shortlisted candidates and to communicate the reasoned order to the respective parties as expeditiously as possible but positively within a

period of four weeks from the date of receipt of a server copy of this order.

26.

WP.CT/56/2025 stands disposed of with the aforesaid observations and directions. There shall be no order as to costs. 27.

Urgent Photostat certified copy of this judgment, if applied for, shall be granted to the parties as expeditiously as possible, upon compliance of all formalities.

( HIRANMAY BHATTACHARYYA, J. ) I agree.

( SHAMPA DUTT (PAUL), J. )