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 authorities.
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.
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.