Selection Scale requires the qualifications prescribed for promotion to the next higher post.

Late Shri Shailesh Devlekar served as a UDT in the Madhya Pradesh Government from 24 January 1981, joined NVS on deputation as a TGT on 7 November 1986, and was absorbed into NVS from 1 May 1989

After an earlier Tribunal order directed that his State Government service be counted for the Senior Scale, NVS revised the effective date of that scale to 5 February 1993

He sought Selection Scale after 24 years of service, but NVS refused it because he lacked a postgraduate degree in Mathematics, which it considered necessary for promotion from TGT (Mathematics) to PGT (Mathematics)

He relied on an Ernakulam Bench decision granting Selection Scale to a Miscellaneous Category Teacher.

After his death during the proceedings, his wife, Kalpana Devlekar, was substituted as applicant

Whether Late Shri Devlekar was entitled to the Selection Scale despite not possessing the postgraduate qualification prescribed for promotion from TGT (Mathematics) to PGT (Mathematics)

Whether the Ernakulam Bench’s decision in N. Krishna Kumar v. NVS applied to his claim as a TGT (Mathematics)

Under NVS instructions dated 6 November 2000, a teacher may become eligible for the Senior Scale after 12 years and the Selection Scale after a further 12 years, subject to fulfilling the eligibility conditions prescribed for promotion to the next higher post.

The NVS Recruitment Rules required a postgraduate degree in Mathematics for promotion to PGT (Mathematics).

The Tribunal relied on the principle that courts ordinarily cannot alter prescribed essential qualifications and that qualification equivalence is generally for the employer or competent expert body to determine, citing Santosh B. Naik v. State of Goa & Ors., Civil Appeal No. 13460 of 2026.

It also cited Dr. Rajinder Singh v. State of Punjab, (2001) 5 SCC 482, for the principle that essential promotion conditions in recruitment rules must be strictly complied with.

The Tribunal treated the Selection Scale as conditional on satisfying the eligibility requirements for promotion to the next higher post, not merely on completing 24 years of service.

Because PGT (Mathematics) was the promotional post for TGT (Mathematics), and the deceased employee admittedly lacked the prescribed postgraduate qualification, the Tribunal found him ineligible for the Selection Scale.

It distinguished N. Krishna Kumar, which concerned a Music Teacher in the Miscellaneous Category and the application of a relaxation applicable to that category; it did not govern a TGT (Mathematics) claim.

It dismissed the Original Application as devoid of merit and made no order as to costs.