Delhi High Court (DB)
19.02.2025
TGT (Sanskrit) – Appointment – Failure to upload e-dossier cannot be a ground to reject the candidature – Delhi High Court (DB)
The directive paragraphs of the Order dated 19.02.2025, passed by Delhi High Court, reads as under: -
“29. It is a
well-settled principle that a candidate’s candidature cannot be cancelled save
and except in the manner stipulated in the advertisement. Where the
advertisement envisages certain specific circumstances in which a candidate’s
candidature could be cancelled, the candidature could be cancelled only in
those circumstances and in none else. Failure to upload an e-dossier is not one
of the circumstances envisaged in Clause 10 of the advertisement on the basis
of which a candidate’s candidature could be cancelled.
30. Insofar as the
judgments in Pushpendra Singh Parnami, Jyoti and Sheetal,
on which Mr. Dhingra places reliance, are concerned, none of the said decisions
even make a reference to the clauses of the relevant advertisement, which was
before the Court in those cases. We are unaware, therefore, if the clauses of
the advertisement before the Court in those cases were the same as those which
are available in the present case. Even if they were, the said decisions are sub
silentio on the implication of the clauses in the advertisement and cannot,
therefore, constitute precedents for the present case in which we have
proceeded on the basis of the clauses in the advertisement.
31. Mr. Dhingra also
sought to submit that it was the duty of the respondent to follow up the
website of the petitioner. That may be so. However, the issue before the Court
is somewhat more subtle. The Court is concerned with the issue of whether the
respondent’s could be refused to be considered for provisional selection merely
because the respondent may not have noticed the requirement of uploading of the
documents by e-dossier or, accordingly, done so.
32. We are of the firm
view that the answer has to be in the negative.
33. For all these
reasons, therefore, we uphold the decision of the Tribunal to directing that
the respondent’s candidature be considered on the basis of the documents
submitted by him at the time of filing of the application.
34. The directions
issued by the Tribunal are, therefore, upheld in their entirety.
35. The writ petition
is accordingly dismissed, with no orders as to costs.”
[Delhi Subordinate
Services Selection Board & Anr. Vs. Rituraj Khandal, W.P. (C) No.
2165/2025, decided on 19.02.2025, Delhi High Court (DB)]
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