CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH O.A. No.586/2016 OA No.587/2016 OA No. 590/2016 OA No. 600/2016 New Delhi this the 15th day of December, 2016 Hon’ble Dr. K.B. Suresh, Member (J) Hon’ble Mr. K.N. Shrivastava, Member (A) OA No. 586/2016 Ms. Rekha Hemal [Lecturer (Interior Desigen/ Decoration)] W/o Sh. Manoj Hemal R/o 231, Gulmohar Enclave, Gulmohar Park Road, New Delhi. Aged about 44 years. Presently posted at:- Meerabai Institute of Technology Maharani Bagh, New Delhi. - Applicant. (By Advocate: Mr. Sourabh Ahuja) Versus 1. Govt. of NCT of Delhi Through its Chief Secretary, Delhi Sachivalaya, Players Building, I.P. Estate, New Delhi.-2 2. Principal Secretary / Secretary Department of Training & Technical Education GNCT of Delhi Muni Maya Ram Marg, Pitam Pura, Delhi-88. 3. The Principal Meera Bai Institute of Technology Department of Training & Technical Education Maharani Bagh, New Delhi-65. 4. Director, Department of Training & Technical Education GNCT of Delhi Muni Maya Ram Marg, Pitam Pura, Delhi-88 5. Deputy Director (E-I) Department of Training & Technical Education GNCT of Delhi Muni Maya Ram Marg, Pitam Pura, Delhi-88 - Respondents (By Advocate: Mr. N.K. Singh for Ms. Avnish Ahlawat) 2 OA No. 587/2016 Ms. Sangeeta Jain [Lecturer ( Beautician)] Now Lecturer (Cosmetology & Health) W/o Sh. Rakesh Kumar Jain R/o B-2/1203, Olive County, Sector -5 Vasundhra, Ghaziabad, UP-201012 Presently posted at:- Meerabai Institute of Technology Maharani Bagh, New Delhi. Applicant. Versus 1. Govt. of NCT of Delhi Through its Chief Secretary, Delhi Sachivalaya, Players Building, I.P. Estate, New Delhi.-2 2. Principal Secretary / Secretary Department of Training & Technical Education GNCT of Delhi Muni Maya Ram Marg, Pitam Pura, Delhi-88. 3. The Principal Meera Bai Institute of Technology Department of Training & Technical Education Maharani Bagh, New Delhi-65. 4. Director, Department of Training & Technical Education GNCT of Delhi Muni Maya Ram Marg, Pitam Pura, Delhi-88 5. Deputy Director (E-I) Department of Training & Technical Education GNCT of Delhi Muni Maya Ram Marg, Pitam Pura, Delhi-88 - Respondents (By Advocate: Mr. N.K. Singh for Ms. Avnish Ahlawat) OA No. 590/2016 Ms. Nidhi Goswami, [Lecturer (Beautician)] Now Lecturer (Cosmetology & Health)] W/o Ashish Bhatt R/o 46-Type IV, ITI Staff Quarters, Sunlight Colony, Maharani Bagh, New Delhi-14 3 Aged about 41 years, Presently posted at: Meerabai Institute of Technology, Maharini Bagh, New Delhi - Applicant (By Advocate: Mr. Sourabh Ahuja) VERSUS 1. Govt. of NCT of Delhi Through its Chief Secretary, Delhi Sachivalaya, Players Building, I.P. Estate, New Delhi.-2 2. Principal Secretary / Secretary Department of Training & Technical Education GNCT of Delhi Muni Maya Ram Marg, Pitam Pura, Delhi-88. 3. The Principal Meera Bai Institute of Technology Department of Training & Technical Education Maharani Bagh, New Delhi-65. 4. Director, Department of Training & Technical Education GNCT of Delhi Muni Maya Ram Marg, Pitam Pura, Delhi-88 5. Deputy Director (E-I) Department of Training & Technical Education GNCT of Delhi Muni Maya Ram Marg, Pitam Pura, Delhi-88 - Respondents (By Advocate: Mr. N.K. Singh for Ms. Avnish Ahlawat) OA No. 600/2016 Ms. Preeti Dongre [Lecturer (Interior Design/Decoration)] D/oSh. Namdeo Rao K, Dongre, R/o 22 MBIT Campus, Maharani Bagh, New Delhi Aged about 42 years, Presently posted at: Meerabai Institute of Technology, Maharini Bagh, New Delhi - Applicant (By Advocate: Mr. Sourabh Ahuja) 4 VERSUS 1. Govt. of NCT of Delhi Through its Chief Secretary, Delhi Sachivalaya, Players Building, I.P. Estate, New Delhi.-2 2. Principal Secretary / Secretary Department of Training & Technical Education GNCT of Delhi Muni Maya Ram Marg, Pitam Pura, Delhi-88. 3. The Principal Meera Bai Institute of Technology Department of Training & Technical Education Maharani Bagh, New Delhi-65. 4. Director, Department of Training & Technical Education GNCT of Delhi Muni Maya Ram Marg, Pitam Pura, Delhi-88 5. Deputy Director (E-I) Department of Training & Technical Education GNCT of Delhi Muni Maya Ram Marg, Pitam Pura, Delhi-88 - Respondents (By Advocate: Mr. N.K. Singh for Ms. Avnish Ahlawat) ORDER (Oral) Dr. K.B. Suresh, Member (J): Heard. 2. The applicants are seeking Selection Grade for years together. Apparently, they say that on one pretext or the other, it is not being given to them. Even though regularly performa are collected by them and thereafter it is dropped and another performa is being issued. 3. The respondents, on the other hand, say that it is not fault of the respondents, but even though AICTE guidelines were issued on 08.11.2012, it has to be processed and adopted by the Cabinet, until then they cannot issue an enhancement proposal because it involves money. They would also say that the Lecturers belong to non- 5 Engineering Programmes and, therefore, some lack of clarity in the AICTE guidelines, they would say, is apparent. 4. But once we go to the AICTE Regulations, the teachers of the following programmes, namely, Engineering & Technology, Pharmacy, Hotel Management & Catering Technology, Architecture, Fine Arts and Humanities & Sciences have been covered for the CAS benefit. But the respondents would say that there is no mention about the programme of non-engineering diploma programmes, under which the applicants could be considered. But then Fine Arts will definitely cover all these aspects. The applicant will be coming under the umbrella of AICTE guidelines, 2012. It is also mentioned that the laid down qualifications will be comparable with engineering/technology disciplines and under no circumstances, these can be diluted. There may be some divergence here. In each of several sciences or Fine Arts where aesthetics are to be considered as a ground for assuring merit, there cannot be an arithmetically drawn fraction, it has to be on a generality of consideration. If the painting of Monalisa is to be assessed by a mathematician, he may not find compliance with its symmetry, it will be then different, but because of that, its aesthetic merit cannot be discounted. Therefore, consideration, in each Branch is to be on the parameters available in that branch and not on the basis of any other branch. Therefore, the response made by the respondents seems to be not correct. It is declared and held that the applicants are entitled to the benefits as prayed for, as they are in a compatible situation with others who were already granted this benefit. The benefits may be made available by the respondents to the applicants within the next three months. 6 5. At this point of time, it is mentioned that the benefit had been granted to some of the junior of the applicants and also to some other engineering groups also. This also may be borne in mind while passing the order. 6. The respondents also state that the applicants’ case is still under active consideration and in earlier OA itself, there had been a direction for active consideration, but then, active consideration means disposal within a certain limited parameters. A time frame is most important. Therefore, the matter shall be settled within next three months. With this order, OAs are allowed. No costs. (K.N. Shrivastava) (Dr. K.B. Suresh) Member (A) Member (J) /lg/ .