CAT Reinstates EWS Teacher Terminated Over Pre-Cutoff
Certificate
New Delhi, August 6, 2025 – In a judgment with
far-reaching implications for recruitment under the Economically Weaker Section
(EWS) quota, the Central Administrative Tribunal (CAT), Principal Bench, has
struck down the termination of a young teacher dismissed on the ground that her
EWS certificate was issued before the prescribed cutoff date.
The Tribunal directed her reinstatement with full back
wages, continuity of service, and all consequential benefits, calling the
action of the authorities “unsustainable in law.”
The Case
The applicant, Sunaina, 28, was appointed as a
Trained Graduate Teacher (TGT – English, Female) by the Delhi Subordinate
Services Selection Board (DSSSB) in December 2022. She joined the Government
Senior Secondary School, Tigri Kalan, under the EWS category after clearing all
recruitment formalities.
In February 2024, while still on probation, she was issued a
show-cause notice stating that her EWS certificate dated January 25, 2021, was
invalid since it predated April 1, 2021 — the alleged cutoff. Her detailed
reply clarifying that the certificate covered the entire financial year 2021–22
was ignored, and her services were terminated in May 2024 under the CCS
(Temporary Service) Rules, 1965.
Strong Legal Challenge
Appearing for the applicant, Anuj Aggarwal, Advocate,
argued that the case was directly covered by the Durgesh Kumar ruling of
the Tribunal, which had been upheld by the Delhi High Court in April 2025. He
submitted that the validity of an EWS certificate cannot be rejected solely on
the ground of the issuance date, if it is issued by the competent authority for
the relevant financial year.
Counsel for the respondents conceded that the facts were
identical to the Durgesh Kumar case but pressed that back wages should
be denied, as the applicant had not worked during the intervening period.
Tribunal’s Findings
Rejecting the respondents’ arguments, the Bench of Hon’ble
Mr. R.N. Singh (Judicial Member) and Dr. Chhabilendra Roul (Administrative
Member) held that Sunaina’s termination was arbitrary.
The Tribunal relied heavily on the Delhi High Court’s April
25, 2025 decision in W.P.(C) No. 5326/2025 (Durgesh Kumar case), which
clarified that an EWS certificate issued prior to April 1 could still be valid
for the financial year if issued in the prescribed format by the competent
authority.
On the issue of back wages, the Tribunal noted that the
applicant had been forced out of service “for no fault of her own” and had not
been gainfully employed after termination. Consequently, it held her entitled
to full arrears along with reinstatement.
The Order
The CAT set aside the termination order dated May 21, 2024,
and directed the authorities to reinstate Sunaina within four weeks. The ruling
ensures:
- Reinstatement
with continuity of service
- Full
back wages and arrears
- All
consequential benefits
Broader Impact
Legal observers described the verdict as a “landmark” for
EWS candidates. The ruling reinforces that genuine candidates cannot be
penalised for technical interpretations of certificate issuance dates,
especially when their eligibility is otherwise undisputed.
“This judgment provides a strong precedent against arbitrary
disqualifications under the EWS quota and will restore confidence among
candidates who suffer due to technical objections,” said a senior legal expert.
📌 At a Glance: The
Sunaina Case
- Appointed:
TGT (English, Female) in December 2022 under EWS quota.
- Termination:
May 21, 2024, citing EWS certificate issued before cutoff date.
- Tribunal’s
Ruling: Termination unsustainable; reinstatement with continuity of
service and full back wages ordered.
- Significance:
Strengthens rights of EWS candidates; prevents arbitrary disqualifications
on technical grounds.
No comments:
Post a Comment