Vide Order dated 09.05.2022, in W.P. (C) No. 2810/2022, Hon’ble Delhi High Court imposed costs of Rs. 50,000 upon Delhi Subordinate Services Selection Board (DSSSB) for illegally delaying appointment of Ms. Tanya Sharma on the post of Asst. Teacher (Nursery) in the Directorate of Education, Govt. of NCT of Delhi. Bench comprising of Hon'ble Mr. Justice Najmi Waziri and Hon'ble Ms. Justice Swarana Kanta Sharma, held as under: -
“9. From the said communication
there is clear admission of error in the rejection of the petitioner’s
candidature on the assumption, indeed insistence, of DSSSB that the petitioner
had already been given two opportunities to upload the requisite documents in
the e-dossier and that she had failed to do so. In the afore-quoted letter of
01.04.2022 DSSSB admits that the petitioner was not given any such opportunity
earlier and the first time that she was given the opportunity was by virtue of
the said letter.
10. That being the position, the
delay in the processing of the petitioner’s case on DSSSB’s own erroneous
assumption, cannot be to the petitioner’s disadvantage. Therefore, her not being
paid remuneration for the period for which she would otherwise have been
employed and earned salaries should be compensated appropriately. There can be
no dispute that the petitioner should be accorded seniority in service as per
the merit position.
11. The learned counsel for the
respondent submits that the petitioner’s appointment will be from the date she
is formally appointed after clearance of her medical examination and
verification of other documents, her seniority will be as per the merit position
in the list of successful candidates, as per procedure. Be that as it may. The
petitioner’s batchmates were given two opportunities to complete the
formalities but she was not accorded any such opportunity. There has been a
delay in processing of her documents for no fault of hers. The fault lies in
the erroneous, indeed, casual assumption that two opportunities had been
granted to her too. The relevant records were not examined by DSSSB. There was
lack of diligence to the petitioner’s detriment. DSSSB’s assumption is negated
by its aforesaid admission in the letter dated 01.04.2022. The financial loss
having been caused to the petitioner should be compensated in some measure.
12. The petitioner has been
constrained to approach the learned CAT as well as this Court. In the
circumstances, instead of directing payment of back wages, especially because
the petitioner has not joined the services till date, the Court imposes a costs
of Rs.50,000/- to be paid to the petitioner by DSSSB, within a period of one
month. The petitioner’s appointment letter too be issued within the same
period.
13. The writ petition is disposed-off
in the above terms. The pending applications are also disposed-off.”
[Underlining
added]
Background facts
In 2017, Ms. Tanya Sharma
(petitioner) took admission in State
Council of Educational Research and Training (SCERT) for getting Diploma
in Pre-School Education. Diploma in Pre-School Education is an essential
qualification for appointment on the post of Assistant Teacher (Nursery) in
Directorate of Education, Govt. of NCT of Delhi.
On 31.05.2019, SCERT declared the result
of Diploma in Pre-School Education Course. Tanya Sharma successfully passed the
examination.
In
2019, DSSSB invited applications for appointment on the post of Asst. Teacher
(Nursery) (Post Code 16/19) in Directorate of Education, GNCTD.
On
22.06.2020, result of the written examination was declared. Tanya obtained
106.36 marks and was shortlisted for uploading the e-dossier.
On 29.06.2020, carry bag of the
petitioner was stolen while traveling from Dilshad Garden to Shiv Vihar, Delhi.
Bag of the petitioner was containing the original Diploma Certificate.
On
09.07.2020, Petitioner applied to SCERT for issuing a duplicate certificate of
passing the Diploma in Primary School Education. The duplicate certificate was
issued but SCERT inadvertently mentioned wrong date of declaration of result in
the said certificate. Tanya uploaded the duplicate diploma certificate issued
by the SCERT.
On
16.08.2021, candidature of Tanya was rejected by DSSSB. DSSSB stated in the Rejection
Notice that Tanya was given 2 opportunities to upload the correct Diploma
Certificate. The contention of DSSSB was wrong inasmuch as Tanya was not given
even single opportunity to upload the correct Diploma Certificate.
Tanya
challenged the Rejection Notice before the Central Administrative Tribunal
(CAT), Principal Bench, Delhi. But CAT, vide Order dated 20.10.2021, dismissed
the OA, inter alia, on the basis of the statement given by DSSSB that 2 opportunities
were given to Tanya to upload the correct Diploma Certificate.
Being
aggrieved by the Ld. CAT Order dated 20.10.2021, Tanya filed a writ petition
before the Delhi High Court. Tanya submitted before the High Court that she was
not given even a single opportunity to upload the correct Diploma Certificate and
the stand of DSSSB that 2 opportunities were given was incorrect.
DSSSB,
vide Notice dated 01.04.2022, admitted that no opportunity was given to the
applicant to upload correct Diploma Certificate. DSSSB, vide Notice dated 22.04.2022
provisionally selected Tanya and forwarded her e-dossier for appointment to
DOE.
[Tanya Sharma Vs. Delhi
Subordinate Services Selection Board & Ors., W.P.(C) 2810/2022, date of
decision – 09.05.2022]
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