New Delhi, January 30, 2025
The
Central Administrative Tribunal (CAT), Principal Bench, New Delhi, has
directed the Government of NCT of Delhi and the Delhi Subordinate Services
Selection Board (DSSSB) to reconsider the candidature of Ms. Asha, a
candidate for the post of TGT (Computer Science) under Post Code 192/14,
who was earlier rejected on the grounds of not possessing the “requisite
qualification.”
A
Division Bench of Hon’ble Dr. Sumeet Jerath (Administrative Member) and Ms.
Harvinder Kaur Oberoi (Judicial Member) passed the order on January 30, 2025,
while hearing OA No. 1425/2018, filed by the applicant challenging the
DSSSB’s Rejection Notice No. 209 dated 10.11.2017.
Ms.
Asha’s candidature had been rejected on the grounds that she did not possess a
graduate degree in Computer Science. However, the applicant, represented by
advocate Mr. Anuj Aggarwal and team, submitted that she holds a Master’s
degree in Computer Applications (MCA), a higher qualification, which should
satisfy the recruitment criteria.
The
Tribunal noted that several other candidates with MCA degrees were considered
and provisionally nominated to the post. It was also brought to light that Asha
had made multiple attempts to upload her documents during the e-dossier window
(October 13–22, 2017) but faced repeated technical glitches, which she
promptly reported via emails, none of which were responded to by DSSSB.
In
its order, the Tribunal held:
“Given
the peculiar facts, it would be in the interest of equity and fair play that
she be given one chance. Others under the same post code with MCA degrees have
been considered and appointed.”
While
declining to strictly apply the Delhi High Court’s ruling in Govt. of NCT of
Delhi v. Pooja Devi, which stated that higher qualifications do not subsume
the lower ones, the Tribunal emphasized that technical errors beyond a
candidate's control should not become grounds for permanent exclusion.
The
Tribunal has directed the DSSSB to consider Asha’s candidature afresh based on
her MCA qualification and decide the matter within three weeks.
[Asha
Vs. Govt. of NCT of Delhi & Ors., OA No. 1425/2018, Central Administrative
Tribunal, Delhi, decided on 30.01.2025 (wrongly recorded as 30.01.2024)]
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
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