17 May 2023
Central Administrative Tribunal (CAT),
Delhi
Appointment on the post of Domestic Science Teachers (Post Code 92/17) in DOE, Govt. of NCT of Delhi - Failure to upload e-dossier within the stipulated time – DSSSB rejected the candidature – CAT held that the rejection of candidature is illegal and directed the DSSSB to consider the candidature of the applicant for appointment
Central Administrative Tribunal, inter
alia, directed the DSSSB as under: -
“15. It is our considered view that the
conditions mentioned in the original Advertisement for a particular selection
process is the foundation based on which the candidates would take appropriate
action in respect of their candidature. The Standards Operating Procedure for
filling the forms and the subsequent steps to submission of personal dossiers
on being shortlisted or selected should be clearly spelled out in the initial
advertisement in unambiguous terms. If there was a requirement of submission of
only e-dossiers, the same should have been spelled out up front in the initial
advertisement. We do agree with the rational drawn by this Tribunal in OA
No.862/2020 in Arvind Kaushik vs DSSSB (Supra) wherein the English law
in Carlill vs Cabolic Smoke Ball Company (supra) has been quoted. In the
instant case, even, the DSSSB has failed to observe their own stipulation in
the Notice dated 21.01.2019, wherein it was mentioned “the shortlisted
candidates are also being separately informed through SMS and E-Mail on their
registered Mobile and e-mail id”. The respondents have failed to substantiate
that they have separately informed all shortlisted candidates and particularly,
the present applicant about their being shortlisted. In the age of IT and Mobile
Technology revolution, it is not difficult and administratively time –consuming
to inform hundreds of shortlisted candidates through their e-mail and SMS to
their registered Mobiles regarding them being shortlisted and to undertake
further action by the stipulated date. In view of this, the action by
Respondent No 2 i.e., DSSSB amounts to arbitrariness and lack of application of
mind in following their own stipulated SOP for informing the shortlisted
candidates. There will be number of situations when a particular candidate may
not be in a position to access the website of the DSSSB continuously to know
the uploading of results by DSSSB, unless it is informed well in advance to all
candidates that such uploading would take place within a stipulated time
line/period. The candidates have missed the bus because there was no time table
stipulated in the advertisement for the arrival and departure of the bus. The
ratio of the judgement in Jyoti Vs GNCTD (Supra) not applicable to the
case at hand as the facts and circumstances of that case is different than
those in the present case. There the issue was plain request for allowing late
submission of e-dossier despite knowledge of the stipulated time for uploading
such e-dossier. Here the issue is no knowledge about such stipulation and no
knowledge about being shortlisted. 16. In view of the above, we find sufficient
merit in the present OA and hence the same is allowed. The respondents are
directed to accept the e-dossier of the present applicant and if she has the
legitimate eligibility for the post which she applied for, she should be
offered the employment to the advertised post. Respondent no.1 is directed to
accept the candidature of the applicant for employment against concerned
category against existing vacancies or even creating a supernumerary post. The
candidates belonging to the same category already selected by DSSSB (Respondent
no.2) and employed by Respondent No.1 will continue to be in service and their
rights shall not be affected by this order in any manner.”
[Poonam Vs. DSSSB & Anr., OA No. 1923/2019,
Decided on = 17 May 2023]
https://advocateanujaggarwal.com/home.php
Anuj Aggarwal
Advocate
D-26/A, First
Floor, Jangpura Extension,
New Delhi - 110014
483, Block-2,
Lawyers Chambers,
Delhi High Court,
New Delhi-110003
Mobile –
9891403206
Landline – 011 -
35554905
Email – anujaggarwal1984@gmail.com
No comments:
Post a Comment