Central Administrative Tribunal - Delhi
Varsha Sharma vs Dsssb on 16 October, 2025
Item No.19 (Court--4) O.A. No. 3996/2025
3996
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No. 3996/2025
/2025
This the 16th day of October
October, 2025
Hon'ble Mr. Manish Garg, Member (J)
Hon'ble Dr. Anand S Khati, Member (A)
Varsha Shanna D/o Sh. Sanjay Sharma R/o B
B-807, Gali no.
02, Pappu Colony Sahibabad, Ghaziabad, Uttar Pradesh
Pradesh-
201005
...Applicant
(By Advocate: Mr. Rajat Gaur)
Versus
1. Delhi Subordinate Services Selection Board (DSSSB), FC
FC-
18, Institutional Area, Karkardooma, Delhi -110092
2. Director of Education Govt. of NCT of Delhi, Old
Secretariat, Delhi.
3. New Delhi Municipal Corporation, Dr. S.P. Mukherjee
Civic Centre JLN Marg, New Delhi 110002.
...Respondents
(By Advocates:
Advocate Mr. Amit Anand with Mr. Tanmay Vasishtha)
Page 1 of 7
Item No.19 (Court--4) O.A. No. 3996/2025
3996
ORDER (ORAL)
Hon'ble Mr. Manish Garg, Member (J):-
In the present Original Application, filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has prayed for the following relief(s):
"A) Pass an Order, or Direction, directing the Respondents to permit the Applicant to apply for the post of Assistant Teacher (Primary) pursuant to Advertisement No. 05/2025, considering her eligible to appear in the examination;
B. Pass an order, or Direction, Direction, to quash and declare Clause 9(ii) and
(iii) of Advertisement No.05/2025, to the extent that it fixes the closing date of applications, applications, i.e., 16.10.2025, as th the date for determination of eligibility (age, qualification, and experience), as arbitrary, unfunfair, unreasonable, and violative of Articles 14 and 16 of the Constitution of India;
C. Pass an Order directing the Respondents to consider the eligibility of the Applicant, particularly with respect to age, as on the date of issuance of Advertisement No. No. 05/2025 that is 10.09.2025 or the date of opening of online applications that is 17.09.2025; D. Pass any such order as the Hon'ble court may deem fit in the light of the above mentioned facts and circumstances of the case case"
2. Learned counsel for the applicant applicant also prays for interim relief in terms of para 9 of the O.A., which reads as under:
"That " That this Hon'ble Tribunal may kindly be pleased to allow the applicant to apply for the post of Assistant Teacher (Primary) pursuant to Advertisement No. 05/2025, considering her eligible to appear in the examination;
examination;"
3. With the consent of the learned counsel for the parties, the matter is taken up for final adjudication. Page 2 of 7 Item No.19 (Court--4) O.A. No. 3996/2025 3996
4. Learned counsel for the applicant submits that the present Learned 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: 802/2025) 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 applicant also places reliance upon the judgments of the Hon'ble Delhi Delhi High Court in Sachin & Ors. vs. CRPF & Anr., 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 overage due to non non-holding of recruitment examinations on time. It is, therefore, submitted that the applicants are entitled to three years' age relaxation as a one one-time measure to enable them to participate in the ongoing recruitment process for the post of Assistant Teacher (Primary). Thus, learned counsel for the applicant presses for urgent interim relief in terms of para 9 of the original or ginal application by allowing the applicants to submits the application forms (online or offline) for appointment on the post st 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 Page 3 of 7 Item No.19 (Court--4) O.A. No. 3996/2025 3996 as the respondents' inaction in denial of age relaxation would aamount to perpetuating injustice upon qualified candidates solely for the administrative delays attributable to the respondents themselves.
6. Opposing the grant of interim relief, learned counsel for the respondents submits that the Original Application iitself is not maintainable, as no 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 con conducted strictly in accordance with the prescribed rules.
7. In support of his submissions, learned counsel for the respondents places reliance upon the judgments ren rendered by the Hon'ble High Court of Jammu & Kashmir and Ladakh WP(C) No. 2440/2023 titled Mridulla idulla Kirti & Ors. vs High 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, ch, according to him, have Page 4 of 7 Item No.19 (Court--4) O.A. No. 3996/2025 3996 distinguished the decisions rendered in High Court of Delhi vs. Devina Sharma and Sachin & Ors. vs. CRPF & Anr Anr., relied upon by the applicants.
8. In rejoinder, learned learned counsel for the applicant submits that the judgments cited by 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, thereby rendering the applicant 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 on one-time measure in the interest of justice.
9. Learned counsel for the applicant has drawn our attention to Learned the fact that in an identical situation in O.A. No.2271/2025, 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 ap 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 error in the software, which failed to recognize their eligibility under the teaching ing 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 Page 5 of 7 Item No.19 (Court--4) O.A. No. 3996/2025 3996 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 and offline modes. The respondents shall also take steps to facilitate the submission ssion and acceptance of the online forms, notwithstanding the system-generated generated objection regarding non non-
teaching experience. The applicants' forms shall be considered in accordance 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 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, in accordance with law. All pending applications, if any, stand disposed of. There shall be no order as to costs."
10. Learned counsel for the applicant also relies upon the order passed ed by this Tribunal in O.A. No.2130/2025 dated 13.10.2025.
11. Learned counsel for the respondents opposes the grant of relief and seeks some time to file appropriate reply. She submits that the order passed by this Tribunal in O.A. No.2271/2025 dated 10.06.2025 6.2025 does not confer any equitable rights to the applicants seeking the identical benefits.
12. Having heard counsel for the parties and perusing the pleadings available on record, we are of the opinion that in an identical matter in O.A. No.2271/2025 & 2130/2025,, this Tribunal has already passed the appropriate orders.
orders. Therefore, this Court cannot take a divergent view in the present matter.
13. In view of the above, this Tribunal deems it appropriate to direct the respondents to accept the application fforms of the Page 6 of 7 Item No.19 (Court--4) O.A. No. 3996/2025 3996 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 applicants' forms shall be considered in accordance with the eligibility conditions prescribed in the advertisement for teaching posts.
14. The present Original Application is, accordingly, disposed of at the admission stage with a direction to the respondents to ppermit 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, in accordance with law. 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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