Saturday, March 9, 2019

08 March 2019 – Delhi High Court (Division Bench) – Special Education Teacher – Failure on the part of candidate in filling/bubbling the Application Form/OMR Sheet – Column in the OMR sheet pertaining to CTET qualification left blank – High Court directed the DSSSB to consider the candidature of the candidate for appointment on the post of Special Education Teacher [W.P. (C) No. 5777/2018; Date of Order = 08 March 2019; “Government of NCT of Delhi & Anr. Vs. Preeti Sharma & Anr.”]


Pursuant to Advertisement No. 1/13, Ms. Preeti Sharma applied for the post of the Special Education Teachers (Post Code 01/13). In the application form/OMR sheet, Ms. Preeti Sharma inadvertently left the CTET column blank despite the fact that she was CTET qualified and had CTET pass certificate prior to the prescribed cutoff date. Delhi Subordinate Services Selection Board (DSSSB), consequently, rejected the candidature of Ms. Preeti Sharma. Being aggrieved, she preferred an Original Application (O.A. No.1383/2013) before the Central Administrative Tribunal, Principal Bench, New Delhi. Vide Order dated 21.02.2017, the said Original Application was allowed and the DSSSB was directed to consider the candidature of Ms. Preeti Sharma. DSSSB, instead of implementing the said Order dated 21.02.2017, challenged the same before the Hon’ble Delhi High Court by way of a writ petition [W.P. (C) No. 5777/2018].

Anuj Aggarwal & Tenzing Thinlay Lepcha, Advocates, appearing for Ms. Preeti Sharma, submitted that a bonafide mistake may not be awarded with the punishment of rejection of candidature. It was also submitted that there is acute scarcity of qualified Special Education Teachers in the Delhi Government Schools and, therefore, the candidature of a qualified candidate may not be rejected on such trivial ground.

Hon'ble Mr. Justice Vipin Sanghi & Hon'ble Mr. Justice A.K. Chawla, vide Order dated 08 March 2019, accepted the submissions made on behalf of Ms. Preeti Sharma. It was also observed by the Hon’ble Court that there is a dire need of appointing qualified Special Education Teachers in Delhi Government Schools. The Hon’ble Court directed the DSSSB to consider the candidature of Ms. Preeti Sharma for appointment on the post of Special Education Teacher.



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