Ms. Jyoti Tyagi v. Nidhika Gemini

1. This petition has been filed, challenging the Order dated 15.02.2024 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as the “Tribunal”) in O.A. No. 1460/2023, titled Nidhika Gemini v. Directorate of Education & Anr., allowing the said O.A. filed by the respondent herein, with the following directions:

2. The brief facts giving rise to the present petition are that the respondent, pursuant to an advertisement issued by the petitioners for filling up the post of PGT Economics (Female) under Post Code- 67/20, participated in the selection process and was shown at serial NO. 1 in the waiting panel/list under the EWS category. She was given an offer of appointment to the temporary post of PGT Economics (Female) vide memorandum dated 13.01.2023. However, later claiming that she had obtained two degrees, that is, M.A. (Economics) from the International Centre for Distance Education and Open Learning, Himachal Pradesh University, Shimla (hereinafter referred to as the „ICDEOL‟), during the academic session 2013–2015, and simultaneously pursued B.Ed. from MDU, Rohtak during the session 2015–2017, that is with an overlapping period which is not permitted under the guidelines issued by IGNOU and also by UGC, the candidature of the respondent was cancelled. Aggrieved whereof, the respondent filed the above O.A..

3. The learned Tribunal allowed the said O.A., observing as under:

session 2013-2015, and the B.Ed degree during the session 2015-2017. In the light of the decisions of the Hon'ble High Court of Delhi referred to hereinabove, it cannot be said that these degrees obtained by the applicant are overlapping. The respondent No.1 could not have rejected the candidature of the applicant on this ground.”

4. The learned counsel for the petitioners submits that the learned Tribunal has erred in not appreciating that the respondent had given her first semester examination for the M.A. (Economics) in November 2016, while she was admittedly studying B.Ed. from MDU, Rohtak. He submits that, therefore, this was a case of obtaining dual degrees simultaneously, which was not permitted by UGC or by IGNOU. In support of his contentions, the learned counsel for the petitioners, places reliance on the judgment of the Madhya Pradesh High Court in Poonam Pandey v. State of M.P. and Others (judgment dated 14.09.2021 in W.P. No. 9301/2020)

5. He further submits that, in these facts, the judgment of the learned Single Judge of this Court in Varun Kapur v. University of Delhi & Anr., 2011:DHC:1464 and of the Division Bench in University of Delhi v. Varun Kapur, 2011:DHC:2500-DB, as relied upon in the Impugned Order, had no application, as even though the degree may relate back to the academic session, the fact remains that the respondent had appeared for the examination while pursuing the second degree, that is, of B.Ed..

6. On the other hand, the learned counsel for the respondent submits that, in the present case, the respondent could not appear in the first semester examination of M.A. (Economics) in November 2013 due to her sickness. She later appeared for the said examination in November, 2014, however, her result was not declared by the University, stating that this was not a regular session for the first semester. Due to this, the respondent had to re-appear for the first semester examination in November 2016. She submits that, therefore, it cannot be said that the respondent was simultaneously pursuing two degree courses.

7. We have considered the submissions made by the learned counsels for the parties.

8. In the present case, the limited issue that needs to be determined is whether the respondent was pursuing two degree courses simultaneously. It is not denied that the respondent had enrolled herself for the M.A. (Economics) for the academic session 2013-2015. The same was to end in June 2015. The respondent claims that she could not give her first semester examination in November 2013 as she was unwell. The respondent, however, gave her second semester examination in June 2014; third semester in November 2014; and the fourth semester in June 2015. She further claims that she gave her first semester examination in November 2014 along with the third semester; however, the result was not declared as the University was of the opinion that this was an irregular semester. She finally gave her first semester examination in November 2016 and successfully cleared the same.