SUSHMA SHARMA AND ORS vs KENDRIYA VIDYALAYA SANGATHAN (KVS)

1


iary No. 11249/2026
Item No. 16/C-3
D
TRATIVE TRIBUNAL
CENTRAL ADMINIST
PRINCIPAL BENC
CH, NEW DELHI

Diary No. 1124


49/2026
th
This the 08 Day
of October, 2026

)
Hon’b
Hon’b

le Ms. Harvinder Kau
le Dr. Anand S Khati,
ur Oberoi, Member (J)
Member (A)
SUSHMA
W/o Girir
R/o Hous
Amar Nag
District F
A SHARMA
raj Bhardwaj,
se No. 8B, Second Floor, Indrapr
rastha Colony,
gar, P.O. Amar Nagar,
Faridabad, Haryana – 121003.
2. ANUP
D/o Vishn
R/o Hous
Opposite
District G
PAMA SHARMA
nu Dutt Sharma,
se No. 56, Ram Kala Nagar, Mur
rar,
urar),
006.
Narcotics Office, Mohnpur (Mu
Gwalior, Madhya Pradesh – 4740
3. NEEL
D/o Lashi
R/o Hous
Ghaziaba
AM RANA
i Nath Singh,
se No. 338, Sector 16B, Vasundh
ad, Uttar Pradesh – 201012.
hara,
4. SURES
S/o Raju
R/o Jamu
District B
SH MIRDHA
Mirdha,
urda, Mirdhapada, At-Jamurda,
Bargarh, Odisha – 768038.
5. KUNT
C/o Tribik
R/o Resh
Odisha –
TALA BHOI
kram Bhoi,
am, District Bargarh,
768104.
6. GHAN
S/o Kama
R/o Lebid
District B
NSHYAM PRADHAN
adev Pradhan,
di, P.O. Lebidi,
Bargarh, Odisha – 768033.
7. SK IDR
S/o Shekh
At/P.O. E
District K
RIS ALI
h Tabarak Ali,
Endakura, P.S. Patkura,
Kendrapara, Odisha – 754134.
8. BHOL
S/o Tikes
LANATH KARALI
swar Karali,
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Item No. 16/C-3 Diary No. 11249/2026
R/o Niktimal, Laikera, VTC Niktimal,
P.O. Niktimal, Sub-Division Brajrajnagar,
District Jharsuguda, Odisha – 768213.
9. RUPA KUMAR SAHU
S/o Debaraj Sahu,
R/o Sahu Tikra, P.O. Dulampur, VIA Godbhaga,
P.S. Attabira, District Bargarh, Odisha – 768111.
10. MOTILAL PADHAN
S/o Shiba Prasad Padhan,
R/o Bandhpara, Baramakela, VTC Brahmakela,
P.O. Baramakela, District Bargarh,
Odisha – 768104.
11. SHALINI SAPRA
W/o Shard,
R/o CM-311, Abhimanyu Apartments,
Vasundhara Enclave S.O., East Delhi,
Delhi – 110096.
12. RAJNI MEENA
C/o Mahesh Chand Meena,
R/o L-2/203-C, DDA Flats, Kalkaji,
South Delhi, Delhi – 110019.

… Applicants

(By Advocate: Mr. Neeraj Kumar Yadav)

Versus

1. The Commissioner, Kendriya Vidyalaya Sangathan (HQ),
18, Institutional Area,
Shaheed Jeet Singh Marg,
New Delhi-110016.

… Respondents


(By Advocate: Mr. S Rajappa with Mr. R Gowrishankar with Ms. G
Dhivyasri)
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Item No. 16/C-3 Diary No. 11249/2026
O R D E R

Hon’ble Ms. Harvinder Kaur Oberoi, Member (J) : -
The applicants were initially appointed to the post of Primary
Teacher (PRT) in Kendriya Vidyalaya Sangathan (KVS) and have been
continuing on the said post since their appointment.
2. There are two modes for appointment to the post of Headmaster in
KVS, namely, promotion and Limited Departmental Competitive
Examination (LDCE). The issue relating to consideration of eligible PRTs
through the promotion channel has already been considered by this
Tribunal in O.A. No. 2265/2026, titled Anju Meena & Ors. , decided on
07.09.2026.
3. The present applicants, however, seek consideration through the
other channel, i.e. LDCE. It is their case that the Recruitment Rules
governing the post of Headmaster were amended and, pursuant thereto,
possession of a valid CTET qualification became an essential eligibility
condition for the concerned PRTs.
4. The applicants submit that the LDCE for the post of Headmaster
was notified and was scheduled to be conducted on 01.04.2026. According
to the applicants, they had completed more than five years of regular
service as PRTs and, therefore, otherwise fulfilled the service requirement
prescribed under the Recruitment Rules. However, their applications were
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Item No. 16/C-3 Diary No. 11249/2026
not permitted to be submitted on the ground that they had not, as on the
relevant date, qualified CTET.
5. It is further submitted that the applicants had already applied for the
CTET examination, which was subsequently conducted by the CBSE in
February, 2026. The applicants qualified the said examination and their
results were declared on 30.03.2026. Copies of the CTET result have been
placed on record.
6. It is also brought to our notice that similarly situated teachers had
approached this Tribunal in O.A. No. 105/2026 and, pursuant to interim
orders passed therein, the applicants therein were permitted to submit their
applications for the LDCE. Subsequently, KVS Headquarters passed an
order permitting only those teachers who were parties before this Tribunal
in O.A. No. 105/2026 to submit their applications offline.
7. The applicants contend that, although representations were made by
the All India KV Teachers' Association requesting that the benefit be
extended to all similarly situated teachers, the same was not extended to the
applicants. A further representation dated 18.09.2026 was also submitted to
the Commissioner, KVS, requesting that all eligible teachers be permitted
to participate in the selection process, but the same did not yield any result.
8. The learned counsel for the applicants submits that the applicants
had approached the Tribunal at the relevant stage and sought permission to
participate in the LDCE provisionally. It is submitted that, having
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Item No. 16/C-3 Diary No. 11249/2026
subsequently qualified the CTET examination, the applicants now satisfy
the eligibility condition introduced by the amended Recruitment Rules.
9. The principal issue, therefore, which arises for consideration is
whether the applicants, who had approached the Tribunal at the relevant
stage and were otherwise eligible in terms of length of regular service, but
had not qualified CTET when the applications for LDCE were invited, can
be permitted to participate in the selection process provisionally,
particularly when they have subsequently acquired the CTET qualification.
10. We have already considered a substantially similar issue in the
context of the promotion channel in O.A. No. 2265/2026, decided on
07.09.2026. Though the present case arises in the context of LDCE and the
two modes of appointment are distinct, the underlying issue regarding the
implementation of the amended Recruitment Rules and the opportunity to
acquire the newly introduced qualification is substantially similar.
11. The amended Recruitment Rules introduced a new eligibility
requirement, namely, possession of CTET qualification. The applicants
had, admittedly, applied for the CTET examination and subsequently
qualified the same. Their candidature, therefore, cannot be rejected merely
on the ground that they had not acquired the said qualification by the date
on which they initially sought to submit their applications, without
examining the effect of the subsequent acquisition of the qualification and
the fact that the applicants had approached the Tribunal at the relevant
stage.
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Item No. 16/C-3 Diary No. 11249/2026
12. It is also relevant that the applicants do not seek relaxation of the
prescribed qualification as such. Their case is that they have subsequently
acquired the very qualification which was insisted upon by the respondents
and that their participation in the LDCE may be considered provisionally,
subject to fulfilment of all other eligibility conditions and their securing the
requisite merit position.
13. In these circumstances, and having regard to the view already taken
by this Tribunal in O.A. No. 2265/2026 decided on 07.09.2026, we are of
the considered view that the applicants deserve to be given an opportunity
to participate in the selection process, subject to verification of their
eligibility in all other respects.
14. Accordingly, the respondents are directed to consider the
candidature of the applicants for the LDCE for the post of Headmaster,
subject to their satisfying all other eligibility conditions prescribed under
the applicable Recruitment Rules. Their candidature shall be treated as
provisional and shall remain subject to verification of their CTET
qualification, length of regular service and other prescribed conditions.
15. In case the applicants have already participated in the examination
pursuant to any interim order passed by this Tribunal, their result shall be
processed and their merit position shall be determined in accordance with
the applicable rules. Such participation shall not, by itself, confer any right
upon the applicants to appointment or promotion to the post of Headmaster.
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Item No. 16/C-3 Diary No. 11249/2026
16. In the event the applicants secure the requisite merit position and
are otherwise found eligible, their candidature shall be considered for
further stages of the selection process in accordance with law.
17. The present Diary No. 11249/2026 (O.A.) is accordingly disposed
of in the above terms. Pending M.A(s), if any, also stand disposed of. No
orders as to costs.



(Dr. Anand S Khati) (Harvinder Kaur Oberoi)
Member (A) Member (J)
/arti/

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