Central Administrative Tribunal - Delhi
Nikhil Dabas vs Gnctd on 1 July, 2025
1
OA No. 733/2024
Item No. 52
(C-4)
Central Administrative Tribunal
Principal Bench
New Delhi
O.A. No. 733/2024
This the 01st day of July, 2025
Hon'ble Mrs. Harvinder Kaur Oberoi, Member (J)
Hon'ble Dr. Sumeet Jerath, Member (A)
Nikhil Dabas
S/o Sh. Kuldeep Singh Dabas
R/o H. No. 70, Extn. III, Nangloi, Delhi-110041
(aged about 27 years)
(Group 'B')
(Candidate to the post of TGT (Computer Science)
..Applicant
(By Advocates: Mr. Ajesh Luthra, Mr. Jatin Parashar,
Mr. Meenu Sharma)
Versus
1. Govt. of NCT of Delhi Through its Chief Secretary
Delhi Sachivalaya, Players Building, I.P. Estate, New
Delhi 01
2. Directorate of Education Through its Director (GNCT
of Delhi), Old Sachivalya Delhi 110052
.. Respondents
(By Advocate: None)
2
OA No. 733/2024
Item No. 52
(C-4)
O R D E R(Oral)
Hon'ble Mrs. Harvinder Kaur Oberoi, Member(J) There is no appearance on behalf of the respondents today. Their presence in this matter has been rather erratic during previous hearings. Accordingly, the Tribunal proceeded to hear and pass this order ex-parte in accordance with Rule 16 of the Central Administrative Tribunal (Procedure) Rules, 1987.
2. The applicant, who belongs to the OBC category, applied for the post of TGT (Computer Science) [Post Code 91/20] pursuant to an advertisement issued by the Delhi Subordinate Services Selection Board (DSSSB) in 2020. The applicant secured 107.34 marks in the selection examination and was shortlisted; following which he uploaded all required documents through the e-dossier module. In the final results declared on 28.04.2022, the applicant 3 OA No. 733/2024 Item No. 52 (C-4) was placed at Sl. No. 11 in the OBC waitlist, which has been operated up to Sl. No. 13.
3. Upon satisfaction of eligibility, DSSSB recommended the applicant for appointment, forwarding his dossier to the Directorate of Education (DoE). However, the DoE issued a deficiency memo on 28.04.2023, stating that the applicant's qualification was not as per Recruitment Rules (RRs). Essential qualifications under the RRs read as under:-
"Bachelor degree in Computer Application (BCA) from a Recognized University.
OR Graduation in Computer Science from a recognized university. (Provided that the Computer science subject must be studied in all years as main subject) OR BE/B.Tech (computer Science/Information Technology) from a recognized university.
OR Graduation in any subject and 'A' level course from DOEACC Ministry of Information Communication and Technology Govt. of India." 4 OA No. 733/2024 Item No. 52
(C-4)
4. Despite the applicant‟s detailed clarification and supporting documents including proof of studying Computer Science as a main subject throughout all three years of graduation, his candidature was cancelled vide order dated 06.02.2024, citing an expert committee‟s observation regarding the nomenclature of his degree (B.Sc. Mathematical Science from Delhi University). Aggrieved by the same, the applicant has approached this Tribunal, seeking the following relief:-
"(a) Quash and set aside impugned order dated 06.02.2024 and impugned deficiency memo dated 28.04.2023 placed at Annexure A/1 and A/2 respectively.
(b) direct the respondents to further consider and appoint the applicant to the post of TGT (Computer Science) (post code 91/20) forthwith
(c) accord all consequential benefits including monetary and seniority
(d) award costs of the proceedings
(e) Any other relief which this Hon'ble Tribunal deems fit and proper in favour of the applicant."
5. Learned counsel for the applicant submits that the cancellation of the applicant‟s candidature is arbitrary because despite fulfilling the essential educational qualifications 5 OA No. 733/2024 Item No. 52 (C-4) as per the Recruitment Rules (RRs), the respondents have denied him the appointment. He submits that the applicant holds a graduation degree, B.Sc. (Mathematical Science), from the Delhi University, which is a recognized and reputed University. The degree is a full 3- year program (six semesters), successfully completed in 2018.
The applicant has studied Computer Science as one of the main subjects in all three years of his graduation. This directly meets the eligibility requirement of "Graduation in Computer Science from a recognized University, provided that the Computer Science subject must be studied in all years as main subject," as stipulated in the advertisement. He submits that to this effect the University of Delhi has, through an RTI reply dated 14.12.2021, officially confirmed that the applicant had studied Computer Science as one of his main subjects during graduation.
6OA No. 733/2024 Item No. 52 (C-4)
6. Drawing attention to the Recruitment Rules he submits that they do not restrict eligibility only to candidates holding degrees with a specific nomenclature like B.Sc. Computer Science or B.Sc. Information Technology. The RRs specifically recognize "Graduation in Computer Science," and clearly emphasize on subject content rather than degree title. Notably, three out of the four qualification clauses in the RRs mention specific degree titles (BCA, BE/B.Tech in Computer Science/IT, and DOEACC A-Level), whereas the fourth clause (which covers the applicant) deliberately leaves it open, requiring only graduation with Computer Science as a main subject across all years.
7. The learned counsel for the applicant submits that the present case is squarely covered by the recent decision of this Hon‟ble Tribunal in OA No. 703/2024 (Gurvinder Singh v. GNCTD & Ors.), where in identical circumstances, the Tribunal quashed the 7 OA No. 733/2024 Item No. 52 (C-4) cancellation of candidature for the post of TGT (Computer Science). It was held that as long as a candidate has studied Computer Science as a main subject throughout all three years of graduation, the specific nomenclature of the degree cannot be a ground for rejection. He submits that the applicant‟s case stands on the same factual and legal footing and deserves similar relief.
8. After issuance of notices, the respondents are contesting the OA and have filed their counter reply.
9. In their counter they have stated that an expert committee examined the applicant‟s qualifications and found that he did not fulfil the Recruitment Rules (RRs) for the post of TGT (Computer Science).
10. They emphasized that the applicant held a B.Sc. (Mathematics Science) degree, which does not meet the essential qualification criteria. It is 8 OA No. 733/2024 Item No. 52 (C-4) stated that the applicant‟s degree does not meet the essential criteria as per the recruitment rules. To reinforce their arguments they have relied on the following judgments:-
1. Zahoor Ahmad Rather & Ors. vs. Sheikh Imtiyaz Ahmad & Ors. Civil Appeal No. 11853-11854 of 2018, decided on 05.12.2018
2. Devender Bhaskar & Ors. vs. State of Haryana & Ors. Civil Appeal No. 7031/2021
3. Guru Nanak Dev University vs. Sanjay Kumar Katwal Citation: (2009) 1 SCC 610
4. Jaiveer Singh vs. The State of Uttarakhand - Judgment Dated 28.11.2023 (2023) SCC Online SC 1528
5. Govt. of NCT of Delhi vs. Arun Singh Bhatti W.P. (C) No. 1358/2024, decided on 21.11.2024 (Delhi High Court) It is stated that these cases collectively reinforce the respondents‟ stand that only qualifications strictly mentioned in the RRs are acceptable, Tribunals/courts cannot grant equivalence, and 9 OA No. 733/2024 Item No. 52 (C-4) recruiting bodies and expert committees have final say on eligibility.
11. Heard the parties and perused the documents on record.
12. In our considered view the matter in the instant OA stands fully covered by the judgment of this Tribunal in OA No. 703/2024 - Gurvinder Singh v. GNCTD & Ors., dated 21.01.2025, where under almost identical factual circumstances, the Tribunal directed the respondents to appoint the applicant, holding that subject content and study pattern and not the nomenclature of the degree is decisive. We see no reason to take a divergent view in this matter.
13. We have also gone through his mark sheets dated 09.07.2017 in all the 6 semesters during the three year course and taken note that he has studied the following subjects semester wise :-
10OA No. 733/2024 Item No. 52
(C-4)
(i) Computer Science - I Fundamentals of Programming in Semester-I;
(ii) Computer Science II : Data Structures in Semester II;
(iii) Computer System Architecture in Semester IIII ;
(iv) Computer Scince IV Operating Systems in Semester IV ;
(v) Computer Science V Networks in Semester V and
(vi) In Semester VI, Database Management Systems.
We are thus satisfied that he has studied computer science subjects in all the six semesters. He thus fully meets the essential educational qualification criterion mentioned in the Advertisement i.e., „Graduation in Computer Science from a recognised University (provided that the Computer Science subject must be studied in all years as main subject)‟. 11 OA No. 733/2024 Item No. 52 (C-4) Further the decisions relied upon by the respondents are not strictly applicable since the RR‟s in the present case themselves permit candidates with Graduation degree, provided they have studied Computer science in all three years. Since the applicant is in possession of such a degree he deserves consideration.
14. In the light of the above, and the decision of this Tribunal in OA No. 2421/2018 dated 10.08.2020 and OA No. 703/2024 dated 04.02.2025 where similarly placed applicants were allowed to join as TGT (Computer Science), this OA is allowed with the following directions:-
14.1 The impugned cancellation order dated 06.02.2024 and the deficiency memo dated 28.04.2023 are quashed and set aside.
14.2 The respondents are directed to consider the applicant for appointment to the post of TGT (Computer Science), Post 12 OA No. 733/2024 Item No. 52 (C-4) Code 91/20, subject to verification of other formalities, within a period of two months from the date of receipt of a certified copy of this order.
14.3 The applicant shall be entitled to notional seniority and pay fixation, but no arrears of back wages shall be payable, applying the principle of "No Work, No Pay".
15. The OA is disposed of in the aforesaid terms. No costs.
(Dr. Sumeet Jerath) (Harvinder Kaur Oberoi) Member(A) Member(J) /ss/