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Central Administrative Tribunal - Delhi

Pushpendra Singh Parnam vs Delhi Subordinate Services Selection ... on 18 February, 2019

                 Central Administrative Tribunal
                          Principal Bench

                      OA No.549/2019

       New Delhi, this the 18th day of February, 2019

            Hon'ble Ms. Nita Chowdhury, Member (A)
              Hon'ble Mr. S.N. Terdal, Member (J)

Mr. Pushpendra Sngh Parnami,
S/o Sh. Moharpal Singh Parnami,
Aged about 27 years,
R/o Vill. Vijay Nagar,
Post Ajau Tehsil Kumber,
District Bharatpur, Rajasthan-321303
Mob. No.09414124013
Post: PGT (History) (Male)
Post Code: 112/17, 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.   Directorate of Education,
     Director of Education,
     Govt. of NCT of Delhi,
     Old Secretariat Building,
     Civil Lines, Delhi-110054               - Respondents

                          ORDER (ORAL)

Ms. Nita Chowdhury, Member (A):

This Original Application (OA) has been filed by the applicant, seeking the following reliefs:-

"(i) Direct the respondents to accept the e-dossier (or hard copies of the qualification certificates and 2 other requisite documents) and, thereafter, consider his candidature for appointment on the post of PGT (History) (Male) (Post Code 112/17) and grant him all the consequential benefits thereof;
(ii) set aside the impugned Notice dated 04.09.2018 (Annexure A-1), as issued by the DSSSB, to the extent it provides - "if any candidate fails to upload the e-dossier during the above said period, her candidature will be rejected and no further opportunity for uploading e-dossier will be given on whatsoever ground";
(iii) allow the present Original Application with costs in favour of the applicant; and
(iv) pass any other order as this Hon'ble Tribunal may deem fit in the interest of justice and in the favour of the applicant."

2. The applicant of this OA has challenged the inaction of the respondent - DSSSB in not considering his candidature for appointment to the post of PGT(History)(Male)(Post Code 112/17) and not accepting his e-dossier mainly on the grounds that he was shortlisted for the said post in September, 2018 and at the time of declaration of this result, he was suffering from typhoid and was also not in a position to access his result as there is no internet services easily accessible in his village Vijay Nagar. Hence, the applicant has sought to set aside the impugned Notice dated 04.09.2018 to the extent it provides

- "if , any candidate fails to upload the e-dossier during the above said period, her candidature will be rejected and no 3 further opportunity for uploading e-dossier will be given on whatsoever ground.".

3. We have heard the learned counsel for the applicant and perused the record.

4. A perusal of the record clearly reveals that the applicant had requested to upload the requisite documents in the e-dossier module only on 22.01.2019 (Annexure A-

9), whereas as per the notice, it was to be submitted during the period from 07.09.2018 to 16.09.2018. Hence, there is a clear cut delay in submitting the documents on the basis of which the respondents have rightly rejected the candidature of the applicant. Hence, we do not find any procedural lapse on the part of the respondents in following the instructions contained in the notice impugned in this OA nor found any illegality in rejecting the candidature of the applicant.

5. In view of the above, there is no merit in the OA and at the initial stage, the same is dismissed.

(S.N. Terdal)                               (Nita Chowdhury)
Member (J)                                       Member (A)

/lg/