Eligibility requirement: CAT refuses relief to ex-KV teacher

Updated on: Monday, December 07, 2009

New Delhi: A government employee not possessing requisite qualification at the time of his initial appointment has no right to remain on post, the Central Administrative Tribunal (CAT) has held while refusing any relief to a former Kendriya Vidyalaya teacher.

The tribunal passed the order citing an apex court decision in a similar case where it was held if a person does not possess requisite qualification as per the prescribed rules, the appointment itself would be "nullity in the eyes of law."

The tribunal was hearing a petition of a former teacher who was removed from service on the ground that the B Ed degree submitted by him was not recognised by the University Grants Commission (UGC).

The ex-teacher, Sunil Bhatnagar, challenged his removal on the ground that he had not committed any misconduct as he had already completed 25 years of his service without any complaint, besides completing his B Ed from IGNOU.

He contended that before 2007, neither Kendriya Vidyalaya Sangathan nor he knew that the degree from Darbhanga-based Maithili Vishwavidyalya Pith Central University (MVPCU) was not recognised by the UGC.

The tribunal, however, said that as the university was a fake one, Bhatnagar did not possess the requisite eligibility at the time of initial appointment. "The MVPC University has been found to be a fake university whereas requirement was to have degree from recognised university. Therefore applicant did not possess the requisite qualification at the time of his initial appointment," the CAT said, while dismissing the petition.

Eligibility requirement: CAT refuses relief to ex-KV teacher

More Education news