SUPREME COURT DISMISSES DSSSB'S APPEAL IN EWS CERTIFICATE CASE; UPHOLDS
RELIEF TO TEACHER CANDIDATE
Delhi High Court's ruling in favour of Samay Rawat attains
finality after Supreme Court declines interference; rejection of candidature
over delayed EWS certificate cannot defeat relief granted by Tribunal in
peculiar circumstances of COVID-19 pandemic.
High Court had rejected DSSSB's plea of non-availability of
vacancies and directed implementation of CAT's order within six weeks.
NEW DELHI | 6 NOVEMBER 2026
In a significant development concerning Economically Weaker
Sections (EWS) reservation in government recruitment, the
Supreme Court has dismissed a Special Leave Petition filed by the Delhi
Subordinate Services Selection Board (DSSSB) and other authorities against a
Delhi High Court judgment granting relief to a teacher candidate whose
candidature had been rejected because of the delayed issuance of an EWS
certificate during the COVID-19 pandemic.
A Supreme Court Bench comprising Justice Vikram Nath and
Justice Prashant Kumar Mishra, by an order dated 22
September 2025, declined to interfere with the Delhi High Court
judgment dated 3 April 2025 in DSSSB & Others v. Samay Rawat,
W.P.(C) No. 15356/2024.
The Supreme Court condoned the delay in filing the Special Leave Petition
but dismissed the challenge, observing:
“We are not inclined to interfere with the impugned judgment/order of the
High Court. Accordingly, the Special Leave Petition is dismissed.”
The dismissal leaves undisturbed the High Court's directions requiring the
recruitment authorities to implement the relief earlier granted by the Central
Administrative Tribunal (CAT), Principal Bench, New Delhi.
EWS Candidature Rejected Over Certificate Issuance Date
The dispute arose from DSSSB Advertisement No. 02/21, issued on 12 May 2021,
inviting applications for various teaching posts under the Directorate of
Education, Government of NCT of Delhi.
Samay Rawat had applied for the post of Trained Graduate Teacher
(TGT), Natural Science (Female), under the EWS category, Post Code 36/21.
The original closing date for submitting applications was 24 June 2021,
subsequently extended to 4 July 2021.
According to the candidate, the EWS certificate could not be obtained within
the prescribed period because of restrictions imposed during the COVID-19
pandemic.
DSSSB subsequently rejected the candidature because the requisite EWS
certificate had not been issued on or before the extended closing date.
Aggrieved by this decision, Rawat approached the Central Administrative
Tribunal by filing O.A. No. 1534/2022, challenging the rejection and seeking
consideration for appointment under the EWS category.
CAT Grants Relief to Candidate
On 22 May 2024, a Bench of
the Central Administrative Tribunal comprising Member (Judicial)
Manish Garg and Member (Administrative) Anand S. Khati disposed
of Rawat's Original Application by extending similar directions to those issued
in an earlier batch of cases concerning EWS certificates.
The Tribunal relied upon its judgment dated 8 August 2023 in Anju
& Others v. Government of NCT of Delhi & Others, O.A. No.
1524/2022 and connected matters.
In that batch, the Tribunal had directed the authorities to reconsider the
candidature of applicants possessing valid EWS certificates reflecting their
financial status, income and assets over the relevant preceding financial
years.
The Tribunal's directions required the authorities to re-examine the
candidates' eligibility and, where their candidature was otherwise in order,
process their cases for appointment according to merit and the applicable
recruitment rules.
The Tribunal also provided for consequential benefits on a
notional basis, with actual benefits accruing from the date of joining.
These directions were extended to Samay Rawat.
Delhi High Court Rejects DSSSB's Challenge
DSSSB challenged the Tribunal's decision before the Delhi High Court through
W.P.(C) No. 15356/2024.
A Division Bench comprising Justice Navin Chawla
and Justice Renu Bhatnagar, by its judgment dated 3
April 2025, dismissed the writ petition.
The recruitment authorities contended that the candidate had failed to
submit the EWS certificate within the prescribed period and, therefore, could
not claim appointment.
They further argued that no vacancies were presently available against which
the candidate could be accommodated.
The High Court rejected these submissions, observing that the controversy
had already been considered and decided in earlier proceedings involving
similarly situated candidates.
The Court referred to its orders dated 22 May 2024 and 19 July 2024 in Government
of NCT of Delhi & Another v. Rishikesh Sharma and connected
matters.
It emphasised that a change in the composition of the Bench was not a valid
reason to reopen questions already settled by the Court.
Absence of Vacancies Cannot Defeat Relief Already Granted
One of the significant aspects of the judgment concerns DSSSB's argument
that no vacancies remained available.
The High Court rejected this contention, referring to its earlier
observations that a large number of posts were still lying vacant.
More importantly, the Court made it clear that the authorities were required
to implement the Tribunal's order and could not deny the benefit of relief
already granted to the successful candidate.
The Division Bench observed:
“In any case, the Order of learned Tribunal needs to be implemented. Once
the respondent has succeeded in the OA filed by him, he cannot be denied the
relief.”
Finding no merit in the writ petition, the High Court dismissed it and directed
DSSSB and the other authorities to comply with the Tribunal's directions within
six weeks from 3 April 2025.
Supreme Court Declines to Interfere
Unsuccessful before the Delhi High Court, DSSSB and the other authorities
approached the Supreme Court through Special Leave Petition (Civil) Diary No.
44986/2025.
The matter was taken up on 22 September 2025.
The Supreme Court, after condoning the delay in filing, dismissed the
Special Leave Petition and declined to interfere with the judgment of the Delhi
High Court.
The order brings the litigation challenging the Tribunal's directions to an
end at the Supreme Court level, leaving the directions in Rawat's favour
undisturbed.
However, the Supreme Court's brief order does not independently elaborate
upon the legal principles governing EWS certificates.
Significance for Government Recruitment and EWS Candidates
The case assumes importance for candidates whose eligibility for reservation
benefits has been disputed because of delays in obtaining certificates during
the COVID-19 period.
The proceedings highlight three important aspects of recruitment litigation:
1. EWS
certificate disputes: In the peculiar circumstances considered
in the litigation, candidates possessing valid EWS certificates were entitled
to reconsideration of their candidature despite disputes concerning certificate
issuance dates.
2. Finality
of judicial decisions: Recruitment authorities cannot
repeatedly reopen issues already settled by the High Court merely because
similar disputes arise before another Bench.
3. Implementation
of judicial relief: A plea concerning the subsequent
non-availability of vacancies cannot, by itself, justify non-compliance with
binding directions issued in favour of a successful litigant.
The decision is particularly relevant to recruitment disputes involving DSSSB,
the Directorate of Education and candidates claiming EWS reservation benefits,
although the relief must be understood in the context of the particular facts
and judicial directions in the case.
With the Supreme Court declining interference, the Tribunal's directions
requiring reconsideration of Samay Rawat's candidature, subject to merit and
other applicable eligibility conditions, remain operative.
CASE DETAILS
Supreme Court: Delhi Subordinate
Services Selection Board (DSSSB) & Others v. Samay Rawat
Case: SLP (Civil) Diary No. 44986/2025
Order dated: 22 September 2025
Bench: Justice Vikram Nath and Justice Prashant
Kumar Mishra
Outcome: Special Leave Petition dismissed.
Delhi High Court: W.P.(C) No. 15356/2024
Judgment dated: 3 April 2025
Bench: Justice Navin Chawla and Justice Renu
Bhatnagar
Outcome: DSSSB's writ petition dismissed;
compliance directed within six weeks.
Central Administrative Tribunal: O.A. No.
1534/2022
Order dated: 22 May 2024
Bench: Member (Judicial) Manish Garg and Member
(Administrative) Anand S. Khati
Outcome: Original Application disposed of with
directions extending the benefit of the earlier EWS certificate ruling.
ANUJ AGGARWAL & COMPANY
ADVOCATES
Office Address 1:
K-17, 2nd Floor,
Jangpura Extension,
New Delhi – 110014
Office Address 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