Central Administrative Tribunal - Delhi
Rajeev vs Dsssb on 15 February, 2022
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Item No. 14 O.A. No. 357/2022
Central Administrative Tribunal
Principal Bench: New Delhi
O.A. No. 357/2022
This the 15th day of February, 2022
(through Video Conferencing)
Hon'ble Ms. Manjula Das, Chairman
Hon'ble Mr. Mohd. Jamshed, Member (A)
Rajeev ,
Aged about 38 years,
S/o Sh. Shamsher Singh,
R/o 25-B, near Dena Bank, Tyagi Mohalla, Chattarpur,
South Delhi - 110074.
Post PGT (Fine Arts) (Male)
Post Code:83/20,
Group B.
...Applicant
(By Advocate: Mr. Anuj Aggarwal )
Versus
1. Delhi Subordinate Services Selection Board (DSSSB),
Through its Chairman,
Govt. of NCT of Delhi,
FC-18, Institutional Area,
Karkardooma, Delhi - 110092.
2. Govt. of NCT of Delhi,
Through its Director of Education,
Directorate of Education,
Old Secretariat Building,
Civil Lines, Delhi - 110054.
...Respondents
(By Advocate: Mr. Amit Anand)
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Item No. 14 O.A. No. 357/2022
ORDER (ORAL)
Hon'ble Ms. Manjula Das, Chairman:
The present OA has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, seeking the following reliefs:-
"(i) Set aside the impugned rejection Notice No. 1342 dated 18.01.2022, passed by the Delhi Subordinate Services Selection Board, whereby the candidature of the applicant for appointment on the post of PGT (Fine Arts) (Male) (Post Code: 83/20), in Directorate of Education, was rejected on the ground-"failing to upload his e-dossier between the schedule period i.e. between 07.10.2021 to 21.10.2021."
(ii) Direct the Delhi Subordinate Services Selection Board (DSSSB) to afford another opportunity to the applicant to upload his e-dossier and, thereafter, consider the candidature of the applicant for appointment on the post of PGT (Fine Arts) (Male) (Post Code:83/20).
(iii) Allow the present Original Application with costs in favour of the applicant.
(iv) Issue any other appropriate order or direction as this Hon'ble Tribunal may deem fit and proper in the interest of justice in the favour of the applicant."
2. The applicant responded to the advertisement No. 04/20 dated 04.01.2020 issued by the Delhi Subordinate Services Selection Board (DSSSB) for selection/appointment to various posts including the post of PGT (Fine Arts) (Male) (Post Code:83/20). It is stated that the applicant applied for the said post under the OBC category. It is stated that the examination was held and the candidates who were in the zone of selection were required to upload e-dossiers between 07.10.2021 and 21.10.2021. It is pleaded that since the applicant was suffering from Typhoid 3 Item No. 14 O.A. No. 357/2022 and low blood pressure, he could not visit the DSSSB website in October, 2021. Accordingly, the Notice dated 01.10.2021, issued by the DSSSB regarding uploading of e-dossier of the shortlisted candidates was not in the knowledge of applicant. It was only on 11.11.2021, the applicant came to know about the declaration of marks by the DSSSB through electronic means. It is submitted that despite several representations made by the applicant, the respondents issued a impugned rejection notice No. 1342 dated 18.01.2022 whereby the candidature of the applicant for appointment to the post in question was rejected on the ground that he failed to upload his e-dossier within the stipulated period i.e. between 07.10.2021 and 21.10.2021. Hence, this OA.
3. Mr. Anuj Aggarwal, learned counsel for the applicant submitted that the applicant was not afforded second opportunity to upload his e-dossier, despite the fact that several other candidates who failed to upload their e-dossier and/or any particular document/certificate were given two opportunities by the DSSSB to upload their e-dossiers. The learned counsel contended that though the applicant could not upload his documents/certificates within the prescribed time for the reasons mentioned hereinabove, it is not in dispute that the applicant, in fact, possessed all the required qualifications, and mere non- submission of the relevant documents within time should not come in his way. In this connection, he sought to draw distinction 4 Item No. 14 O.A. No. 357/2022 between possessing a valid qualification and proving the said qualification. He submitted that proving a particular qualification is trivial issue and candidature of a meritorious candidate cannot be rejected on the ground that he failed to upload the relevant documents/certificates timely. In this regard, the learned counsel placed reliance upon the decision of the Hon'ble Supreme Court in Dheerender Singh Paliwal Vs. Union Public Service Commission, (2017) 11 SCC 276.
4. We heard Mr. Anuj Aggarwal, learned counsel for the applicant and Mr. Amit Anand, learned counsel for the respondents, at the stage of admission.
5. The only question before this Tribunal is as regards timely submission by the applicant of his e-dossier on the portal of the respondent. There is absolutely no dispute as regards possession by the applicant of the relevant qualification. Therefore, the judgment of the Hon'ble Supreme Court in Dheerender Singh Paliwal (supra) relied upon by the learned counsel is distinguishable in the facts and circumstances of the case in hand.
6. The respondents published Notice No. 1242 dated 01.10.2021 requiring the shortlisted candidates to upload their e-dossiers between 07.10.2021 and 21.10.2021. It needs to be mentioned that the applicant was required to check the website of the DSSSB from time to time and then to take further necessary steps. The applicant did not take any step in this connection and it was only 0n 5 Item No. 14 O.A. No. 357/2022 11.11.2021, he came to know about the same. More than one month had elapsed, by the time he came to know about it. Similar issue was dealt by the Coordinate Bench of this Tribunal OA No. 220/2020 titled Vishal Singh Tanwar vs. Govt. of NCT of Delhi & Ors. and the Tribunal, while referring the Judgment of Hon'ble High Court of Delhi in W.P. (C) No. 2892/2019 titled as Pushpendra Singh Parnami Vs. Delhi Subordinate Services Selection Board (DSSSB) & Anr. dated 25.03.2018, has dismissed the said OA on 05.10.2020 with the following observations:
"8. The contention of the applicant that he should have been informed separately through SMS/email about uploading of e- dossier in OARS link is not correct as the respondents have contended that DSSSB website is the main source of information for which clear direction have also been indicated even in the admit card also. With regard to his application for considering his request for uploading of e-dossier at a later stage after the cut off date, the respondents have relied upon various judgments, the latest being the judgment of the Hon'ble High Court of Delhi in W.P. (C) No. 2892/2019 titled as Pushpendra Singh Parnami Vs Delhi Subordinate Services Selection Board (DSSSB) & Anr. dated 25.03.2018. The order passed by the Hon'ble High Court of Delhi, reads as under:-
" At the outset, we notice that the petitioner has not produced on record the detailed order passed by the Tribunal on 18.02.2019. The impugned order placed on record, merely states "dismissed at the admission stage itself. Detailed order typed separately".
Counsel for the respondent, who appears on advance notice tenders in Court a copy of the detailed order dated 18.02.2019 passed by the Central Administrative Tribunal, New Delhi in O.A.No.549/2019 preferred by the petitioner. The same is taken on record.
The petitioner, who is a scheduled caste candidate, participated in the written examination held by the Delhi Subordinate Services Selection Board (DSSSB) for the post of PGT(History). He was declared successful in the result, which was displayed on the website of the DSSSB. The petitioner, however, did not respond to the said notification and did not upload his e- dossiers within the permitted time. He claims that he became aware of the result only in January, 2019 when he sought to upload his e- dossiers, which was not accepted, since the last date for doing the same was already over on 16.09.2018.
6Item No. 14 O.A. No. 357/2022
The submission of the petitioner is that he belongs to a very remote area in the State of Rajasthan and due to lack of internet connectivity and his illness he could not learn about the result declared by the DSSSB on its website. We are unable to accept this submission. The petitioner while applying for the post of PGT (History) was well aware that the result of the written examination would be uploaded by the DSSSB on its website and it was for the petitioner to track the same and to respond in terms of the advertisement issued by the respondent.
Having missed the bus, he cannot be permitted to submit his documents/e-dossiers after the cut-off date. If such relaxation were to be granted to one candidate, it would be discriminatory in respect of others, who may have similarly missed the bus and this would render the entire process undertaken by the DSSSB as open ended.
In view of the aforesaid, we find no merit in the present petition and the same is dismissed."
9. The Hon'ble High Court has held that the results of the examinations are uploaded by DSSSB on its website and it is for the petitioner to check the same and to respond. Having missed the bus, he cannot be permitted to submit his documents/e- dossier after the cut-off date.
10. Thus, in view of the order of the Hon'ble Delhi High Court, we are of the view that the present case is fully covered. We do not find any merit in the present OA and the same is accordingly dismissed. There shall be no order as to costs."
7. The Tribunal in the above decision dated 05.10.2020 clearly held that the negligence exhibited by a candidate cannot be held at all and the process cannot be reversed.
8. Thus in view of the order of the Tribunal dated 05.10.2020, we are of the considered view that the present case is fully covered by it. We do not find any merit in the present OA and the same is accordingly dismissed. There shall be no order as to costs.
(Mohd. Jamshed) (Manjula Das)
Member (A) Chairman
lg/as/
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Item No. 14 O.A. No. 357/2022