Thursday, March 8, 2018

CAT declares that a candidate can submit her Scheduled Caste Certificate after the cutoff/last date prescribed by DSSSB for appointment on the post of Teacher (Primary) in MCD


On 08.03.2018, the Central Administrative Tribunal (CAT), Delhi declared that a candidate can submit her Scheduled Caste (S.C.) Certificate after the cutoff/last date prescribed by the Delhi Subordinate Services Selection Board (DSSSB) for appointment on the post of Teacher (Primary) in MCD. The decision was rendered in O. A. No. 944/2015 entitled “Jyoti vs. Govt. of NCT of Delhi & Ors.”.

Anuj Aggarwal, Advocate, counsel for Ms. Jyoti, argued that a S.C. candidate is S.C. by birth and S.C. certificate merely certifies a pre-existing fact. He further argued that necessitating upon a certificate dated prior to cutoff date would be arbitrary and it has no rationale objective to be achieved. DSSSB had prescribed 15.01.2010 as the cutoff/last date for submitting the application forms whereas SC certificate was issued to Ms. Jyoti on 04.04.2011 by the Delhi Government.

Accepting the submissions made by Anuj Aggarwal, Advocate, CAT declared that the rejection of the candidature of Ms. Jyoti by the DSSSB for appointment on the post of Teacher (Primary) in MCD on the ground that she procured the SC certificate after cutoff/last date, was illegal. CAT further directed the DSSSB to forward the dossier of Ms. Jyoti for appointment on the post of Teacher (Primary) to the concerned MCD.

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