SWAPNIL NARAYAN SARAWADE & ORS. vs UNION OF INDIA THROUGH ITS SECRETARY & ORS.

Judgment text excerpt

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Decided on: 23.05.2025 + W.P.(C) 12035/2024 & CM APPL. 50152/2024 SWAPNIL NARAYAN SARAWADE & ORS. .....Petitioner Through: Mr. T.D. Yadav, Advocate. versus UNION OF INDIA THROUGH ITS SECRETARY & ORS. .....Respondents Through: Ms. Shreya Sinha, SPC for R-1. Mr. Amartya A. Sharan & Mr. Akash Kishore, Advocates for NESTS/R-2. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J. (ORAL) 1. The petitioners have filed this petition under Article 226 of the Constitution, with regard to their candidature for the post of Trained Graduate Teacher [“TGT”] (Music), pursuant to an advertisement issued by National Education Society for Tribal Students [“NESTS”] in the year 2023. 2. By the said notification, NESTS sought to recruit teaching and non-teaching employees for several posts in the Eklavya Model Residential Schools, including 320 posts of TGT (Music). The dispute concerns the essential educational qualification for the said post, which was prescribed as follows: “Essential Qualification: A Bachelors Degree with Music from a recognised University/ Institution.” Signature Not Verified Signed By:PARUL W.P.(C) 12035/2024 Page 1 of 6 VASHIST Signing Date:26.05.2025 10:43:59 3. The petitioners participated in the written examination and were issued provisional letters of appointment, subject to document verification. After document verification, however, their candidatures were rejected by separate communications dated 24.06.2024, which stated that they did not possess the required educational qualification and were, therefore, ineligible for the said post. 4. I have heard Mr. T.D. Yadav, learned counsel for the petitioners, and Mr. Amartya A. Sharan, learned counsel for NESTS. 5. The petitioners admittedly do not hold qualifica