Delhi
High Court Restores Justice: DSSSB Told to Appoint Candidate Rejected Over OMR
Error
New
Delhi, August 21, 2025 – In a landmark judgment that could
shape recruitment practices across government exams, the Delhi High Court has
directed the Delhi Subordinate Services Selection Board (DSSSB) to appoint Ms.
Kusum Gupta as a TGT Special Education Teacher, overturning the
cancellation of her candidature caused by a minor OMR sheet error.
The
Division Bench of Justice Navin Chawla and Justice Madhu Jain
ruled that Ms. Gupta’s exclusion was “unfair and unjustified,” since her OMR
sheet had been evaluated, she had qualified the written exam, and was even
called to submit her e-dossier before being suddenly rejected.
Represented
by Mr. Anuj Aggarwal, Advocate, the petitioner argued that the so-called
error — incorrect bubbling of the roll number despite correctly writing it in
digits — was a trivial clerical mistake that should not have cost her a career
opportunity.
A
Long Legal Battle
The
case traces back to DSSSB’s Advertisement No. 04/2017 for TGT Special
Education Teachers. Ms. Gupta, who had cleared the written examination, was
inexplicably left out of the final list published on February 28, 2019.
When she sought reasons, she was told that her candidature was rejected because
of “wrong bubbling” of the roll number.
Her
attempts to get relief before the Central Administrative Tribunal (CAT) failed,
as the Tribunal dismissed her petition in December 2024. Undeterred, she
knocked on the doors of the Delhi High Court, which has now restored her
rightful claim after six years of uncertainty.
Court’s
Strong Words
The
High Court noted that:
- Her
OMR sheet had already been evaluated and she was declared successful.
- She was
called to upload her e-dossier, confirming that the evaluation
process had been completed.
- Only later
was she struck off on the ground of incorrect bubbling — a move the Court
described as arbitrary.
The
judges observed that once DSSSB had evaluated her sheet and declared her
qualified, “she could not have been denied the fruits of her selection.”
Importantly,
the Court directed DSSSB to issue her appointment letter within eight weeks,
granting her notional seniority and service benefits, though without back pay
for the intervening years .
Counsel’s
Argument
Appearing
for Ms. Gupta, Advocate Anuj Aggarwal highlighted that:
- The candidate
had correctly written her roll number in digits.
- The OMR sheet
also bore a barcode and invigilator’s signature, eliminating any
scope of impersonation or doubt about identity.
- The rejection
was not only mechanical but also violated principles of natural justice.
His
arguments, supported by precedents such as Darpan Sharma v. SSC and Kritika
Raj v. SSC, convinced the Bench that clerical mistakes should not
overshadow genuine merit.
Wider
Implications
This
judgment has rekindled hope for hundreds of aspirants who often suffer
rejection due to technical errors in OMR sheets despite otherwise
clearing competitive exams.
Legal
experts note that the decision underscores a crucial principle: examination
authorities must balance rule compliance with fairness. Strict rules, while
important, cannot be applied blindly to deprive deserving candidates of their
livelihood.
Education
activists and aspirants have welcomed the ruling, calling it a “ray of hope”
for those who have lost out on opportunities over minor clerical slips.
Looking
Ahead
While
the Court limited relief to Ms. Gupta (and similarly placed candidates with
pending petitions), the verdict may influence future challenges in recruitment
disputes. For DSSSB and other recruitment agencies, the case serves as a
reminder that justice cannot be sacrificed at the altar of technicalities.
For
Ms. Kusum Gupta, however, the long wait is finally over. With the High Court’s
order, she is set to join as a TGT Special Education Teacher — an opportunity
nearly snatched away by a single mis-bubbled digit.
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