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)]
https://advocateanujaggarwal.com/home.php
Anuj
Aggarwal
Advocate
K-17,
2nd 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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