Central Administrative Tribunal - Delhi
Tanya Sharma vs Delhi Subordinate Services Selection ... on 20 October, 2021
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Item No. 11 O.A. No.2249/2021
Central Administrative Tribunal
Principal Bench: New Delhi
O.A. No. 2249/2021
This the 20thday of October, 2021
Through Video Conferencing
Hon'ble Ms. Manjula Das, Chairman
Hon'ble Mr. Mohd. Jamshed, Member (A)
Tanya Sharma,
D/o Sukhveer Singh Sharma,
R/o A-1/35, Gali No. 2, Prem Vihar, Shiv Vihar,
Karawal Nagar, Delhi - 110094.
...Applicant
(By Advocate : Ms. Shivani Aggarwal)
Versus
a. Delhi Subordinate Service Selection Board,
Through Chairman of DSSSB,
Head Office at: FC-18, Institutional Area,
Karkardooma, {Near Railway Reservation Centre}.
b. State Council of Research and Training,
Through Principal Secretary (Education),
Head Office at: Varun Marg, Defence Colony,
New Delhi - 110024.
c. Government of NCT of Delhi,
Through Directorate of Education,
Education Ministry of Delhi,
Head Office At: Room No. 12 Old Secretariat,
Near Vidhan Sabha Metro Station, Civil Lines,
New Delhi, Delhi - 110054. ...Respondents
(By Advocate: Mr. H. A. Khan & Mr. Amit Anand)
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Item No. 11 O.A. No.2249/2021
ORDER (ORAL)
Hon'ble Ms. Manjula Das, Chairman By way of this OA, filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 the applicant has prayed for the following reliefs :-
"a) declare the impugned Rejection Notice dated 16.08.2021 as illegal, arbitrary, discriminatory, unreasonable, unjust, inequitable and quash and set aside the same with respect to the applicant and direct the Respondent No.1 to treat the applicant herein at par with similarly placed candidates.
b) direct Respondent No. 1 to consider the Original Diploma Certificate of the applicant, and grant her one opportunity to present her documents.
c) direct the Respondent No. 1 to allow the Applicant to sit for the selection process of the post.
d) pass such other and further orders as this Hon'ble Tribunal may deem fit and appropriate in the facts and circumstances of the case."
2. The brief facts of the case are as follows :-
On 05.09.2019, the DSSSB notified an advertisement inviting applications for various posts.
The applicant, being qualified, applied for the post of Assistant Teacher (Nursery), Post Code No. 16/19.
The examination was held on 19.11.2019 and the 3 Item No. 11 O.A. No.2249/2021 result thereof was declared on 22.06.2020. The cut-
off marks of the said exam were 102. The applicant secured 106 marks and was declared successful. She was permitted to upload the requisite documents on the website.
3. Learned counsel appearing for the applicant states that the applicant lost the bag in which all the documents were kept while travelling to her home. On 08.07.2020, she lodged an FIR regarding her lost bag. Learned counsel also submits that as the applicant had to upload the documents she applied for the duplicate of those documents from State Council of Educational Research and Training (SCERT) and after receiving the documents from the SCERT, she uploaded the same. According to the learned counsel, the candidature of the applicant was rejected by the DSSSB vide Notice dated 16.08.2021 citing the reason that the candidate uploaded the documents after the cut-off date. The learned counsel further submits that the SCERT while issuing the duplicate documents jotted down the Date of 4 Item No. 11 O.A. No.2249/2021 Issuance as '09.07.2000' instead of Date of Declaration of Result as '31.05.2019'. She further pointed out that the applicant is suffering because of lapse on the part of SCERT. The applicant represented against the said ambiguity vide letters dated 17.08.2021 and 06.09.2021 but her letters were unanswered and no opportunity was afforded to the applicant of being heard. She also requested the department to allow her to update the requisite documents on the E-Dossier Portal but, she was not given any opportunity to do so. Therefore, the said action of the respondents is said to be violative of principles of natural justice. Hence, the present OA.
4. Mr. Amit Anand, learned counsel for respondents opposed the contention of the applicant stating that the applicant was granted two opportunities to upload the requisite documents but she did not do it.
5. We heard Ms. Shivani Aggarwal, learned counsel for applicant at the admission stage. Mr. Amit Anand, learned counsel who appeared on advance 5 Item No. 11 O.A. No.2249/2021 service accepted notice on behalf of all the respondents.
6. In the impugned Rejection Notice No. 806 dated 16.08.2021 whereby the candidature of as many as 141 candidates including the applicant was rejected, it is mentioned against the applicant's Roll No. 12321501908, that she had uploaded the Diploma in Pre-School Education after cut-off date. It is further mentioned that the applicant was given two opportunities to upload the deficient requisite documents, but she failed to do so, and, therefore, her candidature was rejected for not having possessed the requisite eligibility. The applicant has failed to effectively controvert this factual position.
7. We do not find any merit in the OA and the same is dismissed in limine. There shall be no order as to costs.
(Mohd. Jamshed) (Manjula Das)
Member (A) Chairman
October 20, 2021
Mbt/vb/dd