Central Administrative Tribunal - Delhi
Deepak vs Dsssb on 15 October, 2025
Item No.02 (Court-4) O.A. No. 3884/2025
3884
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No. 3884/2025 with M.A. No.4375/2025
This the 15th day of October
October, 2025
Hon'ble Mr. Manish Garg, Member (J)
Hon'ble Dr. Anand S Khati, Member (A)
1. Deepak Aged about 33 years
S/o Sh. Jagdish Prasad R/o V.P.O Khera
Darbar, New Delhi-110073
Delhi
2. Shoaib Aged about 33 years
S/o Sh. Laddan Hussain R/o C-4/130,
4/130,
Sultanpuri, New Delhi-110086
Delhi
3. Vikas Rana Aged about 33 years
S/o Sh. Umed Singh R/o H No. 100, V.P.O
Ghevra, Northwest Delhi-110081
Delhi
4. Sushil Kant Pal Aged about 32 years
S/o Sh. S.C. Pal R/o C-30,
C 30, Aditya Puram,
Gwalior, Madhya Pradesh-
Pradesh 474020
5. Praveen Punia Aged about 30 years
D/o/S/o Sh. Inder Singh Punia R/o 24
24-D,
Type Aram Bagh, New Delhi-110055
Type-1, 110055
6. Garima Chaudhary Aged about 34 years
S/o Sh. Anang Pal Singh R/o 152-A,
A, Street
No. -13,
-13, Balbir Nagar, Shahdara, New Delhi
Delhi-
110032
7. Rakhi Aged about 34 years
S/o Sh. Sandeep Mann R/o H No. 800, Khera
Khurd, New
Ne Delhi-110082
8. Mamta Aged about 36 years W/o Sh.
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Item No.02 (Court-4) O.A. No. 3884/2025
3884
Deepak Kumar Meena R/o RZ-22, 22, Nanak
Piou, 1st Dhansa Road, Near Meena STD,
Meena Colony, Gali No.-14,
No. 14, New Gopal
Nagar, Najafgarh, New Delhi-110043
Delhi 110043
9. Sakshi Aged about 33 years
D/o late Sh. Rajender Prasad
Prasad Dahiya
R/o D-16,
D 16, 3rd floor, Block D, Masoodpur,
Vasant Kunj, New Delhi-110070
Delhi
10. Seema Aged about 30 years
D/o Sh. Balbir Singh R/o H. No. 302, Upper
Ground Floor, Pocket-9, Sector-21,
21, Rohini
Northwest Delhi-110086
Delhi
11. Anu Aged about 32 years
D/o Sh. Prem R/o Flat No.-1281,
1281, Creative
Heights Flats, Rohini Sec-29,
Sec Delhi--110039
12. Vineet Kumar Aged about 36 years
S/o Sh. Partap Singh R/o Badgujar Sadan,
Shanti Nagar, Kount Road, Gali No. 6/11,
Bhiwani, Haryana-127021
Haryana
13. Neetu Sharma Aged about 34 years
D/o Sh. Ramesh Kumar R/o P-2,
2, 384
384-85,
Sultan Puri, Delhi-110085
Delhi
14. Kiran Aged about 31 years
D/o Sh. Rajender R/o H. No. 532/21,
Near Holy Child School Narender Nagar,P.O.
Sonepat, District Sonepat, Haryana- 131001
15. Pankaj Bharadwaj Aged about 30 years
S/o Sh. Suresh Bharadwaj R/o Village Pabsra,
P.O. Jakhauli, Rai Sonepat- 131023
16. Monika Aged about 33 years
D/o Sh. Hawa Singh R/o WP Block--185A,
Gate No. 04, Pitampura, Delhi-110034
Delhi 110034
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Item No.02 (Court-4) O.A. No. 3884/2025
3884
17. Anju Aged about 30 years
D/o Sh. Surender R/o V.P.O. Kurar,
Sonepat
18. Divya Sharma Aged about 33 years
S/o Sh. Surender Kumar R/o 830 P33A,
Haibat Pura, Najafgarh, New Delhi-110043
Delhi 110043
19. Monika Aged about 31 years
D/o Sh. Ranbir Singh R/o Village Dhanasari,
V.P.O Chandwar, Distt. Charkhi Dadri,
Haryana 127308
Haryana-
20. Deepa Tomer Aged about 30 years
D/o Sh. Sujeet Tomar R/o Village Nahara,
Sonepat, Haryana-131103
Haryana
21. Mamta Aged about 30 years D/o Sh.
Keshav Dev Sharma R/o D-33,
D 33, Aman Vihar,
Kirari Suleman Nagar, Northwest Delhi
Delhi-
110086
22. Ashwani Yadav Aged about 33 years
S/o/ D/o Sh. Ajit Singh R/o Near Community
Center, V.P.O Surhera, Najafgarh, New Delhi
Delhi-
110043
23. Himani Malik Aged about 30 years
D/o Sh. Jitendra Singh R/o 2-C/123,
C/123, Avas
Vikas Colony, Baraut (Baghpat)-
(Baghpat) 250611
24. Poonam Aged about 33 years
W/o Sh. Rahul Kharab R/o H.No. 06, Gali No.
02, V.P.O-
V.P.O Bharthal, Dwarka Sec-26,
26, New
Delhi
Delhi-110077
25.Jogender Aged about 30 years
S/o Sh. Jaipal R/o Khurshed Nagar, Tehsil
Tehsil-
Nahar, Distt. Rewari, Haryana
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Item No.02 (Court-4) O.A. No. 3884/2025
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26. Manisha Aged about 30 years
D/o Sh. Naresh Chander
C R/o Adarsh Nagar,
Sonipat, Haryana
27.Jyoti Yadav Aged about 33 years
D/o Sh. Harpal Yadav R/o V.P.O Daulatpur,
New Delhi-110043
Delhi
28.Anjali Aged about 30 years D/o Sh.
Lekhram, R/o E-28,
28, Pramod Mahajan Marg,
Saket, New Delhi
29. Pinki Aged about 30 years
D/o Sh. Satyanarayan Vats R/o H. No. 44,
V.P.O Jaunti, Near Badshai Kuan, Delhi
Delhi-
110081
30. Amit Aged about 32 years
S/o Sh. Satbir R/o V.P.O Thurana,Tehsil
Thurana,Tehsil-
Hansi, Hisar, Haryana-125033
Haryana
31. Neeraj Kumar Aged about 35 years
S/o SH. Bhule Singh R/o Ward-10,
10, Ram
Kishan Colony, Hastinapur, Meerut
32. Lavika Verma Aged about 31 years
W/o Sh. Girdhar Chawla R/o 101-d,
101 d, Pocket A
A-
14, Himgiri Apartments, Kalkaji Extension
New Delhi-110019
Delhi
33. Jyoti Aged about 33 years
W/o Sh. Bharat R/o H. No. 275, Bangle wali,
Gali Auchandi, New Delhi-110039
Delhi
34. Divya Bhola Aged about 30 years
D/o Hemant Bhola R/o N-2/52,
2/52, Gurudwara
Road, Mohan Garden, Uttam Nagar, New
Delhi
Delhi-110059
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Item No.02 (Court-4) O.A. No. 3884/2025
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35. Kanika Sethi Aged about 32 years
D/o Inderjeet Sethi R/o DG-III,
III, H. No.
No.- 218,
Vikas Puri,
Pu New Delhi-110018
36. Sufiya Aged about 32 years
W/o Sh. Firoz Ahmed R/o H. No. B--8/34, Gali
No. 02, Subhash Mohalla, Maujpur, Delhi
Delhi-
110053
37. Preeti Kumari Aged about 30 years
D/o Sh. Santram R/o V.P.O Kheri Damkan,
Tehsil Gohana, Sonepat, Haryana-131301
Tehsil- 131301
38. Priyanka Aged about 30 years
W/o Sh. Pardeep Kumar R/o V.P.O Pilana,
Rohtak, Haryana-
Haryana 124202
39. Rekha Aged about 31 years W/o Sh. Robin
R/o V.P.O Kheri Jasaur, Bahadurgarh, Jhajjar,
Haryana 124505
Haryana-
40. Deepak Gupta Aged about 32 year
years
S/o Sh. Atama Ram Gupta R/o WZ-760,760, 3rd
floor, Rishi Nagar, Rani Bagh, Saraswati
Vihar, Northwest Delhi-110003
Delhi
41. Ashwani Rana Aged about 32 years
S/o Sh. Surender Singh R/o Flat No.-
No.-186,
Pocket Shanti Apartments, Sector--23,
Pocket-6,
Rohini, Delhi-110085
Delhi
42. Garima Aged about 31 years
W/o Sh. Arun Shyopran R/o H. No. 825,
Sector
Sector-02, Bahadurgarh, Haryana-124507
124507
43. Priti Aged about 30 years
D/o Rakesh Kumar R/o V.P.O Khanda,
Kharkhoda, Sonepat, Haryana-
Haryana 131402
44. Krishan Kumar Aged about 31 years
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Item No.02 (Court-4) O.A. No. 3884/2025
3884
S/o Sh. Rampal R/o V.P.O Bhallour, P.O
Goenka Kalan Bapoli, Panipat, Haryana
Haryana-
132104
45. Ritu Aged about 30 years
D/o Sh. Rajender Singh R/o V.P.O Kahni 7.5,
Rohtak, Haryana-124303
Haryana
...Applicants
(By Advocates:
Advocate Mr. Anuj Aggarwal))
Versus
1. Delhi Subordinate Services Selection
Board (DSSSB) Through its Chairman
Govt. of NCT of Delhi, FC-18,
18, Institutional
Area, Karkardooma, Delhi-110092
Delhi
Email: [email protected]
2. Directorate of Education Through its
Director, Govt. of NCT of Delhi, Old
Secretariat Building, Civil Lines, Delhi
Delhi-
110054 Email: [email protected]
3. The Hon'ble Lieutenant Governor of Delhi
through Govt. of NCT of Delhi, Chief
secretary 6 Raj Niwa Marg, Ludlow Castle,
Civil Lines, New Delhi-110054
Delhi
Email: [email protected]
4. Government of NCT Delhi Through its
Chief Secretary Old Secretariat Building,
Civil Lines, Delhi
Delhi-110054 Email:
[email protected]
...Respondent
(By Advocate: Mr. mr. Amit Anand with Mr. Tanmay
Vasistha
Vasistha)
Page 6 of 14
Item No.02 (Court-4) O.A. No. 3884/2025
3884
ORDER (ORAL)
Hon'ble Mr. Manish Garg, Member (J):-
M.A. No.4375/2025
The present M.A. is filed seeking permission of joining together in a single application.
2. For the reasons stated therein, the M.A. No.4375/2025 is allowed allowed.
O.A. No.3884/2025
In the present Original Application, filed under Section 19 of the Administrative Tribunals Act, 1985, the applicants have prayed for the following relief(s):
"i.
" i. Set aside the impugned Advertisement No. 05/2025 dated 10.09.2025, issued by DSSSB to the extent it fails to grant three years' agerelaxation to the applicants for appointment on the post of Assistant Teacher (Primary) in Directorate of Education, Education, Govt. of NCT of Delhi [Post Code: 802/2025];
ii. Set aside the impugned Notification dated 16.05.2013, issued by the respondents, whereby Recruitment Rules for the post of Assistant Teacher (Primary) in Directorate of Education, Govt. of NCT of Delh Delhi were notified, to the extent the respondents fail to grant three years' age relaxation to the applicants for appointment on the said post;
iii. Direct the respondents to grant three years' age relaxation to the applicants for appointment on the post of A Assistant Teacher (Primary) in Directorate of Education, Govt. of NCT of Delhi [Post Code: 802/2025] and thereafter consider the candidature of the applicants for the said post treating the applicants as within the upper age limit for the said post;
iv. Allow Allow the present Original Application in favour of the applicants; and v. Pass any other Order as this Hon'ble Tribunal may deem fit in the interest of justice and in the favour of the applicant.
applicant."Page 7 of 14
Item No.02 (Court-4) O.A. No. 3884/2025 3884
2. Learned counsel for the applicants also prays for interim relief Learned in terms of para 9 of the O.A., which reads as under:
"Direct the respondents to accept the application forms (online or offline) of the applicants for appointment on the post of Assistant Teacher (Primary) in Directorate of Education, Govt. of NCT of Delhi [Post Code: 802/2025] and allow the applicants to participate in the recruitment process for the said post."
3. With the consent of the learned counsel for the parties, the matter is taken up for final adjudication.
4. Learned counsel for the applicants applicants submits that the present Original Application has been filed assailing the Advertisement No. 05/2025 issued by the Delhi Subordinate Services Selection Board (DSSSB) on 10.09.2025 for recruitment to the post of Assistant Teacher (Primary) (Post Code:
Code: 802/2025) in the Directorate of Education, Govt. of NCT of Delhi, to the extent the respondents have failed to grant three years' age relaxation to the applicants.
5. Learned counsel for the applicants submits that the applicants have also challenged the the Recruitment Rules dated 16.05.2013 for the same post, insofar as they stipulate the upper age limit of 30 years without granting any relaxation for the intervening period during which no recruitment was conducted.
6. The applicants, who are otherwise ful fully qualified for the post, have become overage solely due to the respondents' failure to issue recruitment notifications between 2021 and 2025, despite availability Page 8 of 14 Item No.02 (Court-4) O.A. No. 3884/2025 3884 of vacancies. The inaction of the respondents is alleged to be in violation of the directions directions of the Hon'ble Delhi High Court in W.P.(C) No. 1611/2001 (Social (Social Jurist, A Lawyers' Group v.
GNCTD), wherein the Directorate of Education and DSSSB were GNCTD), directed to ensure regular recruitment of teachers in a time time-bound manner, and further reiterated in Cont. Case (C) No. 1133/2016.
7. Learned counsel for the applicants submits that the last recruitment for the said post was made vide Advertisement No. 02/2021 dated 12.05.2021, and the next notification was issued only after more than four years, i.e., on on 10.09.2025, thereby depriving the applicants of their legitimate right to be considered.
8. Learned counsel relies upon the Office Memorandum dated 13.06.2016 issued by the DoPT, mandating that all vacancies must be filled on a regular basis, and submits that the respondents' failure to adhere to the said direction is arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India.
9. The applicants also place reliance upon the judgments of the Hon'ble Delhi High Court in Sachin & Ors. vs. CRPF & Anr., W.P.(C) No. 90/2023 and the Hon'ble Supreme Court in High Court of Delhi vs. Devina Sharma, Sharma, Civil Appeal No. 2016/2022, wherein the courts granted relaxation in upper age limits to candidates who had become overage due to non-holding non holding of recrui recruitment examinations Page 9 of 14 Item No.02 (Court-4) O.A. No. 3884/2025 3884 on time. It is, therefore, submitted that the applicants are entitled to three years' age relaxation as a one-time one time measure to enable them to participate in the ongoing recruitment process for the post of Assistant Teacher (Primary). Thus, Thus, learned counsel for the applicant presses for urgent interim relief in terms of para 9 of the orginal application by allowing the applicants to submits the application forms (online or offline) for appointment on the post of Assistant Teacher (Primary) in in Directorate of Education, Govt. of NCT of Delhi [Post Code: 802/2025] and allow the applicants to participate in the recruitment process for the said post as the respondents' inaction in denial of age relaxation would amount to perpetuating injustice upon upon qualified candidates solely for the administrative delays attributable to the respondents themselves.
10. Opposing the grant of interim relief, learned counsel for the respondents submits that the Original Application itself is not maintainable, as no cause cause of action has arisen in favour of the applicants. He further contends that the Recruitment Rules do not provide for any age relaxation beyond what is expressly stipulated therein, and that the examination is being conducted strictly in accordance with the prescribed rules.
11. In support of his submissions, learned counsel for the respondents places reliance upon the judgments rendered by the Page 10 of 14 Item No.02 (Court-4) O.A. No. 3884/2025 3884 Hon'ble High Courts of Jammu & Kashmir and Ladakh WP(C) No. 2440/2023 titled Mridulla Kirti & Ors. vs High Cour Court of J&K and Ladakh & Ors. dated 04.10.2023, The High Court of Gujarat at Ahmadabad R/Special Civil Application No. 11819/2022 with Civil Application (For Direction) No. 2 of 2023 in R/Special Civil Application No. 11819 of 2022 titled Anuradha Vikramsinh Rajput vs. Gujarat Subordinate Services Selection Board (Gaun Seva Pasandgi Mandal) dated 19.05.2023, and The High Court of Judicature at Patna titled Shahjahan vs. The Hon'ble High Court of Judicature at Patna and anr., anr., which, according to him, have distinguished nguished the decisions rendered in High Court of Delhi vs. Devina Sharma and Sachin & Ors. vs. CRPF & Anr Anr., relied upon by the applicants.
12. In rejoinder, learned counsel for the applicants submits that the judgments cited by the respondents are clearly distinguishable on facts, as in the present case, the respondents themselves have failed to conduct timely recruitments for several years, ther thereby rendering the applicants overage through no fault of their own. It is urged that the ratio laid down by the Hon'ble Supreme Court in Devina Sharma (supra) and the Division Bench of the Hon'ble Delhi High Court in Sachin & Ors. (supra) squarely applies to the present case, entitling the applicants to three years' age relaxation as a one one-time measure in the interest of justice.
Page 11 of 14 Item No.02 (Court-4) O.A. No. 3884/2025 3884
13. Learned counsel for the applicant has drawn our attention to Learned the fact that in an identical situation in O.A. No.2271/2025, th this Tribunal vide order dated 10.06.2025 passed the following directions directions:
"4. Having heard the learned counsel for both parties and with the consent of the parties, this Tribunal dispose of the matter at the admission stage itself. On consideration of the submissions, this Tribunal is of the view that the limited grievance of the applicants deserves sympathetic consideration, particularly in light of the claim that the rejection of their application forms was not due to age bar but owing to a technical errorr in the software, which failed to recognize their eligibility under the teaching category. It is observed that the applicants have claimed to possess relevant experience, albeit categorized under non-teaching teaching due to system limitations. This issue requires examination by the respondent authority, especially as the advertised posts relate to teaching.
5. In view of the above, this Tribunal deems it appropriate to direct the respondents to accept the application forms of the applicants in both online andd offline modes. The respondents shall also take steps to facilitate the submission and acceptance of the online forms, notwithstanding the system-generated generated objection regarding non non-
teaching experience. The applicants' forms shall be considered in accordancee with the eligibility conditions prescribed in the advertisement for teaching posts.
6. The present Original Application is, accordingly, disposed of at the admission stage with a direction to the respondents to permit the applicants to participatee in the selection process, without prejudice to the rights and contentions of either party, which may be raised and considered at a later stage, in accordance with law. All pending applications, if any, stand disposed of. There shall be no order as to costs."
14. Learned counsel for the applicant applicants also relies upon the order passed by this Tribunal in O.A. No.2130/2025 dated 13.10.2025.
15. Learned counsel for the respondents opposes the grant of relief and seeks some time to file appropriate reply. Sh She submits that the order passed by this Tribunal in O.A. No.2271/2025 dated Page 12 of 14 Item No.02 (Court-4) O.A. No. 3884/2025 3884 10.06.2025 does not confer any equitable rights to the applicants seeking the identical benefits.
16. Having heard counsel for the parties and perusing the pleadings available on record, record, we are of the opinion that in an identical matter in O.A. No.2271/2025 & 2130/2025, 2130/2025, this Tribunal has already passed the appropriate orders.
orders. Therefore, this Court cannot take a divergent view in the present matter.
17. In view of the above, this Tribunal Tribunal deems it appropriate to direct the respondents to accept the application forms of the applicants in both online and offline modes. The respondents shall also take steps to facilitate the submission and acceptance of the online forms, notwithstanding the system system-generated objection regarding non-teaching non teaching experience. The applicants' forms shall be considered in accordance with the eligibility conditions prescribed in the advertisement for teaching posts.
18. The present Original Application is, accordin accordingly, disposed of at the admission stage with a direction to the respondents to permit the applicants to participate in the selection process, without prejudice to the rights and contentions of either party, which may be raised and considered at a later stage, stage, in accordance with law.
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19. All pending applications, if any, stand disposed of. There shall be no order as to costs.
(Dr. Anand S Khati) (Manish Garg)
Member (A) Member (J)
/sb/
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