Judgments – Law declared by the Courts: May 2026

Tuesday, May 26, 2026

DELHI HIGH COURT STRESSES FAIR RECRUITMENT: DSSSB MUST ENSURE PARTICIPATION OF ONLY ELIGIBLE CANDIDATES

DELHI HIGH COURT STRESSES FAIR RECRUITMENT: DSSSB MUST ENSURE PARTICIPATION OF ONLY ELIGIBLE CANDIDATES

Court raises concern over a situation where eligible candidates may have lost opportunities after ineligible candidates allegedly entered the selection process

New Delhi, May 26: In an important development concerning public recruitment and transparency in selection procedures, the Delhi High Court has highlighted the importance of ensuring that only eligible candidates participate in recruitment exercises and that meritorious candidates are not deprived of opportunities because of procedural lapses.

A Division Bench comprising Justice C. Hari Shankar and Justice Om Prakash Shukla was hearing a writ petition filed by Pardeep Kumar, an EWS category candidate who secured 101.52 marks in the recruitment process for the post of TGT (Hindi) (Male), significantly above the prescribed cut-off of 81.82 marks under the EWS category.

Appearing for the petitioner were Anuj Aggarwal along with Tanya Rose, Kritika Matta, Nikhil Pawar, Lovekesh Chauhan and Anjali Bansal, who argued that owing to errors in the consideration of candidates allegedly possessing invalid EWS certificates, eligible candidates suffered prejudice in the recruitment process.

The dispute arose after scrutiny of EWS certificates reportedly led to cancellation of certain candidatures and the consequent creation of additional vacancies. The petitioner argued that despite possessing valid documents and qualifying on merit, he was not considered for appointment.

During the hearing, the Court noted that there was no dispute that the Directorate of Education intended to make appointments. However, the Court observed that the petitioner appeared to have lost an opportunity because of delays and uncertainty between the Delhi Subordinate Services Selection Board (DSSSB) and the Directorate of Education regarding scrutiny and verification of candidate eligibility, ultimately resulting in expiry of the one-year selection panel.

The Bench further indicated that the situation may not have arisen had proper scrutiny been undertaken at the initial stage itself. The Court's observations place emphasis on the responsibility of recruitment authorities to ensure that only eligible candidates are permitted to participate in the selection process, thereby maintaining fairness and integrity in public recruitment.

The Court also expressed concern regarding a situation where candidates allegedly possessing invalid EWS certificates were considered and selected, whereas candidates with proper certificates and otherwise qualifying on merit remained excluded. The observations underline a broader principle governing public employment: eligible candidates should not be placed at a disadvantage by being compelled to compete against candidates who do not satisfy prescribed eligibility conditions.

The Court thereafter issued notice to the respondents and directed filing of counter affidavits. Considering the nature of the appointment dispute, the Bench also indicated that no adjournment would be granted on the next date of hearing. The matter is now listed for July 7, 2026.

[PARDEEP KUMAR VS. GOVT. OF NCT OF DELHI & ORS., W.P. (C) 6591/2026, DATE OF ORDER – 14.05.2026, DELHI HIGH COURT (DIVISION BENCH)]

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Thursday, May 14, 2026

CAT GRANTS RELIEF TO SSC CANDIDATE WHOSE FIRST-AID CERTIFICATE EXPIRED DURING COVID-19 PANDEMIC

CAT GRANTS RELIEF TO SSC CANDIDATE WHOSE FIRST-AID CERTIFICATE EXPIRED DURING COVID-19 PANDEMIC

New Delhi, May 14: In a significant judgment balancing strict recruitment rules with the extraordinary realities of the Covid-19 pandemic, the Central Administrative Tribunal (CAT), Principal Bench, New Delhi, has directed the Staff Selection Commission (SSC) to appoint a candidate whose candidature had earlier been rejected for not possessing a valid First-Aid certificate on the crucial cut-off date.

The Tribunal passed the order in Aarti Yadav vs. Staff Selection Commission & Ors., O.A. No. 469/2024, decided on January 9, 2026, by a Bench comprising Justice Manish Garg (Member-J) and Dr. Anand S. Khati (Member-A). The applicant was represented by Advocate Ms. Tanya Rose for Mr. Anuj Aggarwal.

The dispute arose after SSC rejected the candidature of Aarti Yadav for the post of Lady Medical Attendant under Post Category No. NR16221 on the ground that she did not possess a valid First-Aid certificate as on the cut-off date of January 1, 2021.

Before the Tribunal, the applicant argued that her earlier certificate, issued in July 2017, had expired during the Covid-19 pandemic period, when First-Aid examinations and renewals were not being conducted by the Indian Red Cross Society. She later renewed the certificate on March 27, 2021, immediately after examinations resumed.

The case acquired significance after communications placed on record from St. John Ambulance (India) confirmed that, owing to the pandemic, the Delhi Branch had permitted renewal of First-Aid certificates whose validity expired between March 1, 2020 and December 31, 2021.

Relying on the Supreme Court’s decision in Deepak Yadav v. Union Public Service Commission, the Tribunal observed that the pandemic had created exceptional circumstances which could not be ignored while examining eligibility conditions.

At the same time, the SSC relied upon the Supreme Court’s Constitution Bench judgment in Ashok Kumar Sharma v. Chander Shekhar, contending that eligibility conditions must be strictly satisfied on the prescribed cut-off date and that recruitment rules could not be relaxed on sympathetic grounds.

After considering both precedents, the Tribunal held that the peculiar circumstances arising out of the Covid-19 pandemic justified a limited relaxation in the present case. The Bench observed that the inability of the applicant to renew the certificate before the cut-off date was not attributable to her fault, but to the suspension of examinations during the pandemic period.

The Tribunal ultimately quashed the rejection of the applicant’s candidature and directed the SSC and concerned authorities to issue an appointment offer within two months, subject to fulfilment of other eligibility conditions. The Bench also granted notional seniority and notional increments, though actual monetary benefits were directed to accrue only from the date of joining.

Importantly, the Tribunal clarified that the ruling was rendered in the peculiar facts of the case and should not be treated as a binding precedent.

Legal observers say the judgment highlights the judiciary’s continued effort to ensure that deserving candidates are not denied public employment opportunities because of disruptions caused by the Covid-19 pandemic, while simultaneously preserving the sanctity of recruitment rules in ordinary circumstances.

[Aarti Yadav vs. Staff Selection Commission & Ors., O.A. No. 469/2024, decided on January 9, 2026, CAT, Delhi]