15 December 2022
Central Administrative Tribunal (CAT), Delhi
Appointment on the post of PGT (Computer Science) - Rejection
of candidature on account of failure to upload the correct Experience
Certificate in the e-dossier – CAT directed the DSSSB/Delhi Government to issue
appointment letter with 25% back salary
In the year 2017, Ms. Khushboo Singhal applied for appointment
on the post of PGT (Computer Science) Female [Post Code 151/17]. She had all
the requisite qualifications, including 1 year teaching experience, as required
in the Advertisement. Ms. Singhal had experience of teaching in the following 2
schools: -
1.
The Cambridge
International School = 11 Months and 25 days experience
2.
Mamta Modern Sr.
Sec. School = 1 Year 2 months and 25 days experience
Ms. Khushboo Singhal appeared in the written
examination and was shortlisted for uploading the e-dossier. However, at the
time of uploading the e-dossier, Ms. Singhal inadvertently uploaded her
experience certificate of Cambridge International School, which was less than 1
year teaching experience.
On 27.03.2019, DSSSB rejected the candidature on the
ground that the applicant had uploaded an experience certificate wherein the
teaching experience was less than 1 year.
Being aggrieved, Ms. Singhal filed an Original
Application [OA No. 1359/2019] before the CAT. She, inter alia, contended that
other candidates were given 2nd opportunity to upload the deficient
documents but no such opportunity was given to her. She contended that the
action on the part of DSSSB was discriminatory and in violation of Article 14
of the Constitution of India.
Vide Order dated 15 December 2022, CAT held as under:
-
“12. In the light of the
aforesaid decision, wherein the Hon’ble High Court of Delhi has itself dealt
with the issue No. 1 that second opportunity has not been given to the applicant
qua the rejection of the claim, though it was given to other candidates as
highlighted above which is itself arbitrary and discriminatory in nature as
well as irrational. The said aspect has been dealt in para 9 of the aforesaid
decision. Even otherwise, the principle of natural justice has grossly been
violated inasmuch as can be seen for the Rejection Order itself the representations
of the applicant have not been dealt with and as such principle of natural
justice have not been followed.
13. In that view
of the matter, the OA is allowed. The respondents are directed to consider the
candidature of the applicant for appointment to the post of PGT (Computer
Science) Female, Post Code 151/17 and issue necessary order of appointment
subject to verification of the aforesaid certificate, if found, in order and
also compliance of other procedural formalities in the unreserved category.
However, it is directed that the applicant shall not be entitled to any arrears
of pay. The Appointment Order should be issued within a period of three months
of receipt of a certified copy of the order, failing which the applicant shall
also be entitled to 25% of the arrears of salary. The OA is also allowed with
all consequential benefits (such as emoluments) thereto. No order as to costs.”
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