CAT QUESTIONS DSSSB'S DECISION TO ABOLISH
WAITING PANELS IN TEACHER RECRUITMENT; SEEKS EXPLANATION WITHIN ONE WEEK
Central Administrative
Tribunal questions the rationale behind DSSSB's departure from the Delhi
Government's 2020 recruitment policy, which provided for maintaining reserve
panels for one year.
In a significant
development for candidates seeking appointment as Assistant Teacher (Nursery),
the Tribunal directs authorities to justify the policy change introduced
through the notification dated 19 February 2024.
NEW DELHI | 6 NOVEMBER
2026
In a significant development concerning government
recruitment, waiting lists and the rights of candidates awaiting appointment,
the Central Administrative Tribunal (CAT), Principal Bench, New Delhi, has questioned
the Delhi Subordinate Services Selection Board's (DSSSB) decision to
discontinue reserve panels under its Combined Examination Scheme.
The Tribunal observed that counsel representing
DSSSB was unable to explain the rationale behind the change in recruitment
policy, particularly in view of the Government of NCT of Delhi's earlier policy
providing for the maintenance of waiting lists for one year.
A Bench comprising Judicial
Member Rajveer Singh Verma and Administrative Member Chhabilendra Roul,
in an order dated 26 October 2026, directed
the respondents to explain the necessity and justification for departing from
the 2020 policy and adopting the modified recruitment policy.
The Tribunal directed that the explanation be
placed on record within one week.
The order was passed in Priya
Jain & Others v. Delhi Subordinate Services Selection Board & Others,
O.A. No. 4198/2026.
Advocate Anuj Aggarwal
appeared and argued on behalf of the applicants, assisted by a
team of advocates including Shubham Bahl, Nikhil Pawar, Tanya Rose, Pradeep
Kumar, Shakib Malik, Kritika Matta and Bhumica Kundra.
DISPUTE OVER ABOLITION OF WAITING LISTS
The dispute arose from DSSSB's
Notice-cum-Corrigendum dated 19 February 2024, through which the recruitment
agency announced that reserve panels would no longer be maintained under the
Combined Examination Scheme.
The applicants challenged the notification,
contending that it departed from the Delhi Government's existing recruitment
policy, under which waiting lists were required to be maintained for a period
of one year.
According to the applicants, the purpose of
maintaining a reserve panel is to enable the authorities to consider eligible
candidates when selected candidates do not join, vacancies remain unfilled or
other circumstances necessitate further appointments, subject to the applicable
recruitment rules.
The applicants argued that discontinuing the
reserve panel could deprive otherwise eligible candidates of an opportunity to
be considered for appointment against vacancies arising during the validity of
the recruitment process.
ASSISTANT TEACHER (NURSERY) CANDIDATES
APPROACH TRIBUNAL
The dispute concerns the recruitment process for
the post of Assistant Teacher (Nursery)
under DSSSB.
The applicants also challenged aspects of Result
Notice No. 1659 dated 17 September 2026, issued in connection with the
recruitment process.
They contended that, had the earlier policy
remained in force, they could have been considered for inclusion in the reserve
or waiting panel.
However, according to the applicants, DSSSB's
decision to discontinue the reserve panel deprived them of that opportunity.
The proceedings raise an important question
concerning the authority of a recruitment agency to depart from an existing
government policy and the justification required for doing so.
DSSSB UNABLE TO EXPLAIN POLICY CHANGE, NOTES
TRIBUNAL
During the hearing, counsel for the applicants
drew the Tribunal's attention to the Delhi Government's 2020 policy and
submitted that the subsequent decision of DSSSB was inconsistent with that
policy.
The Tribunal recorded that counsel representing
DSSSB was not in a position to explain the rationale behind the change.
The Bench specifically noted the need to examine
the modification in the context of the policy followed by the Government of NCT
of Delhi.
Accordingly, the Tribunal directed the
respondents to explain the necessity and rationale for departing from the
earlier policy and adopting the modified policy for the recruitment in
question.
The explanation was required to be filed within
one week.
NOTICE ISSUED; RESPONDENTS GRANTED FOUR WEEKS
The Tribunal issued notice to the respondents,
including DSSSB, the Directorate of Education and the other government
authorities arrayed in the proceedings.
Counsel appearing on advance notice accepted
notice on behalf of the respective respondents.
The Tribunal granted four weeks for filing
counter-affidavits.
It also allowed a miscellaneous application
seeking permission for the applicants to pursue their grievances jointly
through a single Original Application.
When counsel for the applicants pressed for
interim relief, the Tribunal directed the authorities to explain the policy
change and initially listed the matter for 4 November 2026 for consideration of
interim relief.
The case-status record subsequently showed the
matter as pending, with 3 December 2026 recorded
as the next date of hearing.
IMPORTANT QUESTIONS CONCERNING PUBLIC
RECRUITMENT
The proceedings highlight the wider implications
of abolishing waiting lists in government recruitment.
Reserve panels can serve an administrative
purpose by enabling recruiting authorities to consider additional eligible
candidates where vacancies remain unfilled because of non-joining,
disqualification or other circumstances recognised under the applicable rules.
The applicants' challenge raises questions about
whether an existing recruitment policy can be changed by the recruiting agency
without adequate justification and whether such a change adversely affects candidates
who would otherwise have been eligible for consideration under the earlier
policy.
The applicants have also relied upon judicial
precedents concerning changes to recruitment procedures, operation of waiting
lists and consideration of eligible candidates against available vacancies.
The Tribunal has not,
at this stage, declared the notification dated 19 February 2024 invalid,
restored the waiting-list policy or directed appointment of the applicants.
Its order requires the authorities to justify the change and leaves the
substantive dispute for further consideration.
The eventual decision could have implications for
candidates affected by the discontinuation of reserve panels in DSSSB
recruitment processes.
CASE DETAILS
Case: Priya
Jain & Others v. DSSSB & Others
Case Number:
O.A. No. 4198/2026
Court:
Central Administrative Tribunal, Principal Bench, New Delhi
Bench:
Hon'ble Shri Rajveer Singh Verma, Member (Judicial), and Hon'ble Shri
Chhabilendra Roul, Member (Administrative)
Order Date:
26 October 2026
Subject:
Challenge to abolition of reserve/waiting panels in DSSSB recruitment
Counsel for Applicants:
Advocate Anuj Aggarwal and team
Next Listed Date (as
per case status): 3 December 2026
ANUJ AGGARWAL &
COMPANY
ADVOCATES
Office 1:
K-17, 2nd Floor,
Jangpura Extension,
New Delhi – 110014
Office 2:
483, Block-II, Lawyers Chambers,
Delhi High Court,
New Delhi – 110003
Mobile:
+91 9891403206
Email:
anujaggarwal1984@gmail.com
anujaggarwalcompany@gmail.com
Website:
https://advocateanujaggarwal.com/home.php
No comments:
Post a Comment