Central Administrative Tribunal - Delhi
Pawanjit Kaur vs Gnctd on 31 October, 2025
Item No.80/C-4 O.A. No.1368/2022
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No.1368/2022
Reserved on: 14.10.2025
Pronounced on: 31.10.2025
Hon'ble Mr. Manish Garg, Member (J)
Hon'ble Dr. Anand S Khati, Member (A)
Pawanjit Kaur Aged about 45 years
W/o Sh. Dalip Singh Bedi R/o 105, 2-F,
2
Hargobind Enclave, Vikas Marg, Delhi-
Delhi
110092 Mob. No. 9910083605
Post: TGT (Punjabi) (Female) Post Code:
57/21 Group - B.
...Applicant
(By Advocate: Mr. Anuj Aggarwal with Mr. Shakib Malik
and Mr. Nikhi Pawar)
Versus
1. The Hon'ble Lieutenant Governor of Delhi
Government of NCT of Delhi 6, Raj
Niwas Marg, Ludlow Castle, CivilLines,
New Delhi 110054
Email: [email protected]
2. Govt. of NCT of Delhi Through the
Director of Education Directorate of
Education, Old Secretariat Building, Civil
Lines, Delhi-110054
110054 Email ID:
[email protected], [email protected]
3. Delhi Subordinate Services Selection
Board (DSSSB) Through its Chairman
Govt. of NCT of Delhi, FC-18, FC
Institutional Area, Karkardooma, Delhi-
Delhi
110092 Email: [email protected]
[email protected]
...Respondents
(By Advocate: Mr. Amit Anand)
Page 1 of 24
Item No.80/C-4 O.A. No.1368/2022
ORDER
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):
"(i) Set aside the impugned Rejection Notice No. 91 dated 06.01.2022, issued by the Delhi Subordinate Services Selection Board (DSSSB), whereby the candidature of the applicant for appointment on the post of TGT (Punjabi) (Female) (Post Code 57/21) was rejected with the remarks "Candidate is overage by more than 4 years as on Cut-Off Off date and is not having total required experience as Guest Teacher";
(ii) Set aside the impugned Recruitment Rules for the post of Tr Trained Graduate Teacher (Modern Indian Languages), as notified vide Notification dated 30.12.1992, by the Govt. of NCT of Delhi in the Delhi Gazette, to the extent they fail to provide the power to the Govt.
of NCT of Delhi to relax the upper age limit in case case of direct recruitment for the deserving women candidates and where the situation requires;
(iii) Set aside the impugned Advertisement No. 03/2021 dated 27.05.2021 issued by the Delhi Subordinate Services Selection Board (DSSSB) to the extent it fails to to provide the upper age limit for appointment on the post of TGT (Punjabi) (Female) (Post Code:
57/21) in the Directorate of Education,Govt. of NCT of Delhi, as 42 years instead of 40 years for the women candidates;
(iv) Direct the respondents to grant age relaxation of 7 months and 24 days to the applicant for appointment on the post of TGT (Punjabi) (Female) (Post Code: 57/21) in the Directorate of Education, Govt. of NCT of Delhi;
(v) Direct the respondents to consider the candidature of the applicant forr appointment on the post of TGT (Punjabi) (Female) (Post Code: 57/21) in Directorate of Education treating her as within the prescribed upper age limit, with all consequential benefits (monetary as well as non-monetary monetary benefits) thereof;
(vi) Allow the present esent Original Application with costs in favor of the applicant; and
(vii) Issue any other appropriate order or direction as this Hon'ble Tribunal may deem fit and proper in the interest of justice and in the favor of the applicant;"Page 2 of 24
Item No.80/C-4 O.A. No.1368/2022
2. Highlighting the facts acts of the case, learned counsel for the applicant submitted that the applicant is seeking age relaxation of seven months and twenty twenty-four four days. It was submitted that the candidature of the applicant, as per the impugned order dated 06.01.2022, has been re rejected jected with the following remarks:
"Candidate is overage by more than 4 years as on Cut-Off Cut Off date and is not having Total required experience as Guest Teacher."
2.1 Learned counsel for the applicant drew our attention to the age limit specified in Advertisement No. 03/21 for the post of TGT Punjabi (Male and Female), which reads as follows:
"Age Limit:- Below 32 years, Age Relaxation will be given as per the table at para 7.
The contractual employees working against teaching posts will be eligible for one time relaxation in upper age limit up to maximum period of 05 years. The quantum of age relaxation will be subject to number of years spend in the department on contract basis provided, they have worked for at least 120 days in a particular academic academ year.
The terms & conditions in details are mentioned in Services Department's Office memorandum no.F.19(11)/2015/S-IV/1751-1756 no.F.19(11)/2015/S 1756 dated 11/06/2019.(Annexure-I)"
2.2 Learned counsel further submitted that, as per the Recruitment Rules dated 30.12.1992, tthe he age limit for direct recruits for the post of TGT (MIL) is below 30 years, relaxable in the case of government servants of the Delhi Administration up to 40 years (and up to 45 years for SC/ST candidates), and up to 40 years for female candidates 2.3 Le Learned arned counsel for the applicant further drew our attention to the Notice dated 26.06.2021, which reads as follows : Page 3 of 24
Item No.80/C-4 O.A. No.1368/2022 "Kind attention of the applicants is invited towards the Post Codes 33/21, 36/21, 37/21, 40/21, 49/21, 51/21, 53/21, 55/21 and 57/21 advertised for the various posts of Trained Graduate Teachers (Female) of Dte of Education advertised vide Advt. no. 02/2021 02/2021 and 03/2021.
In compliance of Hon'ble Tribunal order dated 21" June, 2021 in the O.A. No. 1039/2021, Dte of Education letter No. F. No. DE.3 (165)/E (165)/E-
III/RR/Misc./2021/1064 dated 26/06/2021 and subsequent letter No. F. No. DE.3 (165)/E-III/RR/Misc./202 III/RR/Misc./2021/1065 1/1065 26/06/2021, the age limit for women candidates for the above said post codes of TGTS (Female) may be read as 40 years. The provision for the same has already been made in the OARS module and the same will be available w.e.f. 26/06/2021 to 04/07/2021.
Rest of the contents of the above said advertisement shall remain unchanged.
This issues with the prior approval of the Competent Authority"
2.4 Learned counsel submitted that the closing date for submission of the application form was 03.07.2021, which which was later extended to 10.07.2021 vide Notification dated 02.07.2021. He added that as of 03.07.2021, the age of the applicant was 44 years, 7 months, and 24 days.
2.5 Learned counsel for the applicant also relied upon Clause 3 of the Notification dated 21.12.1998, which reads as follows:
"3. Increase in the upper age limit:
The upper age limit for recruitment by the method of Direct Open Competitive Examination to the Central Civil Services and Civil posts specified in the relevant Service/recruitment rules on the date of commencement of the Central Civil Services and Civil posts (Upper Age-limit limit for Direct Recruitment) Rules 1998, shall be increased by two years.
Note- ""Direct Open Competitive Examination " for the purpose of these rules shall mean direct direct recruitment by Open Competitive Examination conducted by the Union Public Service Commission or the Staff Selection Commission or any other authority under the Central Government and it shall not include recruitment through Limited Departmental Examination Examination or through short listing or by interview or by contract or by absorption or transfer or deputation."Page 4 of 24
Item No.80/C-4 O.A. No.1368/2022 2.6 Learned counsel for the applicant submitted that the benefit of the Notification dated 21.12.1998 has been extended to male candidates but not to female candidates, as evident from a reading of the RRs in conjunction with the advertisement. He contended that this constitutes an arbitrary and discriminatory decision.
2.7 Learned counsel further submitted that with effect from 02.03.2017 till date, the applicant has been serving as a Guest Teacher (TGT Punjabi) in the Directorate of Education, Government of NCT of Delhi. For clarity and better appreciation, the particulars of the applicant are reproduced below:
S.No. Academic Year/Session School in which the Number of applicant was posted working days
1. 02.03.2017 to 10.05.2017 SKV No.1 Shakarpur, 58 (2016-2017) Delhi chool ID 1002196
2. 01.07.2017 to 10.05.2018 SKV No.1 Shakarpur, 197 (2017-2018) Delhi School ID 1002196
3. 01.07.2018 to 13.07.2018 SKV No.1 Shakarpur, 08 (2018-2019) Delhi School ID 1003028
4. 18.07.2018 to 10.05.2019 SKV Laxmi Nagar, 182 (2018-2019) Delhi School ID 1003028
5. 01.07.2019 to 08.05.2020 SKV Laxmi Nagar, 200 (2019-2020) Delhi School ID 1003028
6. 07.09.2020 to 30.06.2021 SKV Laxmi Nagar, 172 (2020-2021) Delhi School ID 1003028
7. 01.07.2021 to 17.12.2021 SKV Laxmi Nagar, 112 (2021-2022) Delhi School ID 1003028
8. (2021-2022) SKV Laxmi Nagar, Delhi School ID 1003028 working till date as on 30.04.2022 Page 5 of 24 Item No.80/C-4 O.A. No.1368/2022 2.8 Learned counsel further drew our attention to Clause 2(I) of the Office Memorandum dated 11.06.2019, titled "Relaxation in upper age limit to the contractual employees working under Government of NCT of Delhi at the time of regular appointment on direct recruitment basis," which reads as under:
"2. (I). The contractual employees working against teaching posts will be eligible for one time relaxation in upper age limit upto maximum period of 05 years. The quantum of age relaxation will will be subject to number of years spent in the department on contract basis provided, they have worked for at least 120 days in a particular academic year."
2.9 Learned counsel for the applicant also drew our attention to the earlier Vacancy Advertisement No. 04/17 dated 20.12.2017, wherein the respondents had taken corrective measures and prescribed the age limit for post code 143/17, which reads as under:
"Age Limit:- Below 32 years, Age Relaxation will be given as per the table regarding age relaxation given below in the table at para 6.
Women Candidates:- Relaxable by 10 years.
Kashmiri Migrant Teachers:-
Teachers One time relaxation in the upper age limit for the numbers of years served as teacher in Dte. Of Education.
Guest/Contract teachers:-Relaxation Relaxation in upper age as a one time measure upto the actual time spent as guest/contract teacher in Dte. Of Education, subject to a maximum of 5 years provided they have worked for atleast 120 working days in that particular year (this would be applicable to those guest/contract est/contract teachers who have worked for the academic years 2012-13, 2013-14,2014-15,15, 2015-16 2015 & 2016-17). "
2.10 Learned counsel further relied upon the decision rendered by the Hon'ble Supreme Court in Civil Appeal no.274/2016 titled Richa Mishra vs. St State ate of Chhattisgarh and ors., ors., which reads as Page 6 of 24 Item No.80/C-4 O.A. No.1368/2022 under:
"25. Women in this world, and particularly in India, face various kinds of gender disabilities and discriminations. It is notwithstanding the fact that under the Constitution of India, women enjoy a uniq unique status of equality with men. In reality, however, they have yet to go a long way to achieve this constitutional status. It is now realised that real empowerment would be achieved by women, which would lead to their well-being being facilitating enjoyment of rights rights guaranteed to them, only if there is an economic empowerment of women as well. Till sometime back, the focus was to achieve better treatment for women and for this reason, the concentration was mainly on the well-being well being of women. Now the focus is shifted ted to economic empowerment. Such objectives have gradually evolved or broadened to include the active role of women when it comes to development as well. No longer the passive recipients of welfarewelfare- enhancing help, women are increasingly seen, by men as we well as women as active agents of change: the dynamic promoters of social transformation that can alter the lives of both women and men.
26. It is now realised that there is a bidirectional relationship between economic development and women's empowerment defined as improving the ability of women to access the constituents of development, in particular health, education, earning opportunities, rights, and political participation. This bidirectional relationship is explained by Prof. Amartya Sen by propounding ng a theory that in one direction, development alone can play a major role in driving down an equality between men and women; in another direction, continuing discrimination against women can hinder development. In this scenario, empowerment can accelerate development. From whichever direction the issue is looked into, it provides justification for giving economic empowerment to women. It is, for this purpose, there is much emphasis on women empowerment (as it leads to economic development) by the United Nations, Nations, World Bank and other such bodies.
27. Interestingly, the 2012 World Development Report (World Bank 2011) adopts a much more nuanced message. While it emphasises the "business case" for women empowerment, it mainly takes it as given that the equality between women and men is a desirable goal in itself, and policies should aim to achieve that goal. Poverty and lack of opportunity breed inequality between men and women, so that when economic development reduces poverty, the condition of women improves im on two counts: first, when poverty is reduced, the condition of everyone, including women, improves, and second, gender inequality declines as poverty declines, so the condition of women improves more than that of men with development.
28. Economicc development, however, is not enough to bring about complete equality between men and women. Policy action is still necessary to achieve equality between genders. Such policy action would be unambiguously justified if empowerment of women also stimulates further development, starting a virtuous cycle. Empowerment of women, thus, is perceived as equipping them to be economically independent, self self-
reliant, with positive esteem to enable them to face any situation and they should be able to participate in the development activities. Page 7 of 24
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29. Keeping in view all the aforesaid and other relevant considerations, when such affirmative actions are taken by lawmaker, in the form of subordinate legislation, they need to be enforced appropriately so that the purpose that is intended is suitably achieved. Seen in this context, Rule 4 of the 1997 Rules is to be interpreted to have universal application when it comes to women candidates seeking appointment in public service and post in connection with the affairs of the Statee of Chhattisgarh. After all, that is the primary purpose behind enacting the aforesaid Rule having statutory character." 2.11 Learned counsel further relied upon the decision passed by this Tribunal titled Rajeev Yadav and Ors. vs. Govt. of NCT of Delhi and Ors. pronounced on 25.04.2023, which was upheld by the Hon'ble High Court in W.P.(C) 5205/2025 dated 09.04.2024, which reads as under:
"6. Even though we agree with the learned counsel for the petitioner that no candidate has a vested right to claim age relaxation, we are of the considered view that once the learned Tribunal found that a large number of vacancies in the post of Educational and Vocational Guidance Counsellor (EVGC) had remained unfilled for the last many years, it was justified in directing directing the Lieutenant Governor to consider the cases of the respondents for age relaxation.
7. Even though learned counsel for the petitioner contends that the direction of the learned Tribunal amounts to directing the Lieutenant Governor to grant age relaxation to the respondents, we find no merit in this plea. Having perused the impugned order, we are of the view that the directions issued by the learned Tribunal do not amount to issuance of any positive directions to grant age relaxation to the respondents ndents but merely direct him to consider their cases for grant of age relaxation.
8. We, therefore, find absolutely no reason to interfere with the impugned order. The writ petition is, accordingly, dismissed by once again clarifying that, in terms of the the impugned order, it will be open for the Lieutenant Governor to decide whether to grant age relaxation to the respondents or not. However, we expect that while taking this decision, the Lieutenant Governor, will be guided by the observations made by the learned earned Tribunal.
9. The writ petition along with accompanying application is dismissed in the aforesaid terms."Page 8 of 24
Item No.80/C-4 O.A. No.1368/2022 2.12 Learned counsel for the applicant also relied upon the decision of the Hon'ble High Court in Chanchal Rani vs. Delhi Subordinate Service Servicess Selection Board (DSSSB) & Anr Anr., W.P.(C) No. 6383 of 2019, decided on 30.05.2019.
2.13 In the written submissions filed on behalf of the applicant, it is contended that the denial of two years' age relaxation in recruitment for the post of TGT (Punjabi) (Female), (Female), Post Code 57/21, under Advertisement dated 27.05.2021 issued by DSSSB, is arbitrary and discriminatory. The grievance arises from the DoPT Notification dated 21.12.1998, which enhanced the upper age limit for direct recruitment through open competitive competitive examination by two years. While this benefit was extended to male candidates for TGT (Punjabi Male), Post Code 56/21, it was denied to female candidates, resulting in violation of Articles 14, 15, and 16 of the Constitution. As per the Recruitment Rules Rules dated 30.12.1992, the upper age limit was 30 years for male candidates and 40 years for female candidates. In light of the 1998 Notification, these limits ought to have been increased to 32 years and 42 years, respectively. However, in the impugned advertisement, advertisement, the upper age limit for both male and female candidates was shown as 32 years. Later, vide DSSSB Notice dated 26.06.2021, the limit for female candidates was revised to 40 years instead of 42 years. It is further submitted that in the previous advertisement dated Page 9 of 24 Item No.80/C-4 O.A. No.1368/2022 20.12.2017, the upper age limit for TGT (Punjabi Female) was correctly shown as 42 years, in conformity with the Recruitment Rules and the 1998 Notification. The applicant, serving as a guest teacher since 2017, is additionally entitled to four years' age relaxation on that account. Moreover, there exists a significant shortage of qualified TGT (Punjabi) teachers in Delhi, with nearly 85% of female vacancies remaining unfilled.
3. Opposing the grant of relief, learned counsel for the re respondents spondents relied on the averments averments made in the counter affidavit and submitted that the maximum age for the post was initially 32 years, which was later revised to 40 years by DSSSB vide Notice dated 26.06.2021. As on the date of submission of the applicati application, i.e., 03.07.2021, the applicant's age was 44 years, 7 months, and 24 days, making her overage by 4 years, 7 months, and 24 days. 3.1. Learned counsel further submitted that the applican applicant was issued a Recall Notice to upload documents evidencing five academic years of experience. However, she failed to provide the requisite experience prior to the closing date of the application, i.e., 10.07.2021. Instead, she uploaded an experience certificate for the academic year 2021 2021-2022, 2022, w.e.f. 01.07.2021 to 17.1 17.12.2021, covering only 112 days, which could not be accepted as it postdated the closing of the application. Page 10 of 24
Item No.80/C-4 O.A. No.1368/2022 3.2. Learned counsel also emphasized that para 6(ii) of the Vacancy Notice Advertisement, under the heading "Reservation Benefits," explicitly state statess that candidates seeking age relaxation must possess the relevant experience certificates issued by the Competent Authority on or before the closing date of the advertisement.
4. Heard learned counsel for the respective parties and perused the pleadings aavailable vailable on record.
5. ANALYSIS :
5.1 We are conscious that in Civil Appeal No. 5207 of 2022 (arising out of SLP (C) No. 1525 of 2021), State of Uttar Pradesh & Others vs. Shanti Devi, Devi, decided on 08.08.2022, the Hon'ble Apex Court observed as under:
under "15 In the present case, the State uniformly applied the prescribed age limit of 50 years to all applicants considered under Rule 5(4)(ii) read with Rule 15B of the UP Service Rules of 1992. On the direction of the Single Judge of the High Court on 11 Aprill 2018, the State applied its mind and considered the representation for the grant of an age relaxation to the respondent twice -- on 3 October 2018 and on 13 November 2018. In exercise of its discretionary power, the appellant decided that the respondent waswas not eligible to be granted the benefit of an age relaxation. No individual candidate can claim a vested right to age relaxation which lies in the discretion of the appointing authority. The respondent cannot claim age relaxation under the Uttar Pradesh Public Services (Relaxation of the Age limits for Recruitment) Rules 1992 as a matter of right. Eligibility criteria should be uniform and there cannot be scope of arbitrary selections. A candidate cannot have a vested right to claim an exemption from a un uniformly applicable criterion. A selective grant of an age relaxation will cause serious prejudice in the process of selection and render the process arbitrary.Page 11 of 24
Item No.80/C-4 O.A. No.1368/2022 16 For the above reasons, we allow the appeal and set aside the impugned judgment of the Division Division Bench of the High Court of Judicature at Allahabad (at Lucknow) dated 13 December 2019 in Special Appeal Defective No 579 of 2019.
In consequence, the writ petition which was instituted by the respondent shall stand dismissed."
dismissed.
5.2 We therefore cannot examine the applicant's case purely on the lines argued by the learned counsel for the parties. Guided by the observations of the Hon'ble Apex Court in Richa Mishra (supra), certain points merit consideration. Notably, a candidate who avails of age relaxa relaxation tion at the initial stage is entitled to the same relaxation at the final stage.
5.3 Paragraph 6(ii) under the heading "Reservation Benefits" of the Vacancy Notice Advertisement specifies that candidates seeking age relaxation must possess relevant experie experience certificates issued by the Competent Authority on or before the closing date of the advertisement.
5.4 The first point for examination is whether the applicant fulfills the condition in para 6(ii), i.e., possession of valid experience certificates issu issued ed by the Competent Authority on or before the closing date of the advertisement.
5.5 The nature and duration of the experience certificate are crucial in determining eligibility for age relaxation. The maximum benefit of reservation is directly correlated to the extent of experience. The respondents contended that the applicant cannot Page 12 of 24 Item No.80/C-4 O.A. No.1368/2022 be granted benefit up to the academic year 2020 2020-2021. The applicant argued that the experience certificate for the academic year 2021 2021-2022, 2022, w.e.f. 01.07.2021 to 17.12.2021 (1 (112 days), should be considered. However, this period falls after the closing date of the application and cannot be accepted. 5.6 The maximum age for the post was 32 years, subsequently increased to 40 years by DSSSB vide notice dated 26.06.2021. The applicant's age on the date of submission (03.07.2021) was 44 years, 7 months, and 24 days, making her overage by 4 years, 7 months, and 24 days.
5.7 The key issue is whether the period from 01.07.2021 to 17.12.2021 can be construed proportionately. This rrequires examination in the context of the academic year and the terms and conditions of the advertisement, particularly the closing date of 10.07.2021.
5.8 5.8. We draw a reference to Office Memorandum dated 11.6.2019 issued by the GNCTD, which reads as under
under:-
"Sub: Relaxation in upper age limit to the contractual employees working under Government of NCT of Delhi at the time of regular appointment on direct recruitment basis.
The issue with regard to suitable relaxation in upper age limit to contractual employees, oyees, as a onetime measure, In Direct Recruitment has been examined in the light of various judiclal pronouncements, DOPT guidelines, the opinion of Additional Solicitor General and in consultation with Financе Department and Law Department of GNCTD.Page 13 of 24
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2. The
he Competent Authority is pleased to order all Head of Departments to fill-up up the posts as per the recruitment rules and contractual employees hired against those posts may be given age relaxation as per the the following modalities to. be adopted on uniform rm basis for in respect of contractual employees under Government of NCT of Delhi.
I. The contractual employees working against teaching posts will be eligible for one time relaxation in upper age limit upto maximum period of 5 years. The quantum of age relax relaxation will be subject to number of years spent in the department on contract basis provided, they have worked for at least 120 days in a particular academic year.
II. The contractual employees working against all other administrative posts, will be eligible for for one time relaxation in upper age limit upto maximum period of 5 years, The quantum of age relaxation will be subject to number of years spent in the department on contract basis provided, they have worked for at least 180 days in a particular year.
III. The contractual employees, working at the time of applying for direct recruitment, shall only be considered eligible for relaxation in upper age limit.
IV. The contractual employees would be considered eligible for relaxation in upper age llmit only for the the department in which they are working.
V. The contractual employees, who have already avalled one time age relaxation, granted by the respective department, would not be eligible under the scheme.
VI. Any contractual employee, whose service was terminate terminated due to unsatisfactory work during their contractual employment, shall be treated as ineligible for the benefit of relaxation in upper age limit.
VII. The contractual employees may seek "age - relaxation certificate" from the department where they are wor working on contract basis. The department concerned, after examination of application, In accordance with the above modalties, shall issue the certificate by clearly indicating the quantum of age relaxation, the contractual employee is ellgible for. The Certi Certificate shall be issued under the signature and seal of HoD concerned.
3. This issues with the approval of Competent Authority.
5.9 Further a Notice dated 26.6.2021 was issued by the Page 14 of 24 Item No.80/C-4 O.A. No.1368/2022 respondents , which reads as under :-
:
"Kind attention of the applicants is invited towards the Post Codes 33/21, 36/21, 37/21, 40/21, 49/21, 51/21, 53/21, 55/21, and 57/21 advertised for the various posts of Trained Graduate Teachers (Female) of Directorate of Education advertised vide Advt. No. 02/2021 and 03/2021.
In compliance with the Hon'ble Tribunal order dated 21st June, 2021 in O.A. No. 1039/2021, Directorate of Education letter No. F. No. DE.3 (165)/E-111/RR/Misc./2021/1064 111/RR/Misc./2021/1064 dated 26/06/2021 and subsequent letter No. F. No. DE.3 (165)/E-111/RR/Misc./2021/1065 (165)/E 111/RR/Misc./2021/1065 dated 26/06/2021, 021, the age limit for women candidates for the above above-
mentioned post codes of TGTs (Female) may be read as 40 years. The provision for the same has already been made in the OARS module and will be available w.e.f. 26/06/2021 to 04/07/2021. Rest of the contents ents of the above-mentioned above mentioned advertisement shall remain unchanged.
This issues with the prior approval of the Competent Authority." 5.10 It may be pertinent to refer to the basis on which the notice dated 26.06.2021 was issued. The same arose from the decis decision rendered in OA No. 1039 of 2021, titled Shelja Dhama and Ors. vs DSSSB and Anr.
Anr.,, decided by the Principal Bench of the Tribunal on 21.06.2021, which reads as follows:
"9.
9. Once the benefit of age relaxation was extended through the Rules framed under proviso to Article 309 of the Constitution of India, the only way it can be denied is by amending or substituting the Rules. Though in the year 2019, a proposal was mooted for for amending the Rules in such a way that benefit of relaxation upto 40 years for women candidates cannot be taken away. That did not materialize. In other words, the amendment was not notified.
10. It is fairly well settled that a statutory rule can be ope operative only when it is notified, and not otherwise. The conditions in the advertisement are required to be in conformity with the Recruitment Rules. They cannot run contrary to the Rules. There was absolutely no basis or justification for the DSSSB, for incorporating corporating the conditions in the Advertisement, which are not in conformity with the Recruitment Rules. It is rather unfortunate that the respondent organisation did not even pay proper attention and that became responsible for generating voluminous litigation.
ation.Page 15 of 24
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11. It is not to be urged that the basis for the relaxation incorporated in the 1991 Rules was the letter dated 01.11.1980 and with the withdrawal of the same on 06.03.2020, the Rule itself loses its significance. The contention is difficult to be accepted. The Rules can be framed or amended in the absence of letters or decision of the LG. It is just unacceptable to argue that with the change of decision by the LG, Delhi, the Rule has undergone alteration without any further exercise.
12. We, therefore, fore, allow all the O.As. and direct that the DSSSB shall extend the benefit of relaxation of age limit upto 40 years to the women candidates for the post of TGT. Since many candidates could not upload their applications in view of this stipulation, the DSSSB DSSSB shall extend the date by one week, by putting on its website, a notification to the effect that the women candidates upto the age of 40 years can also apply.
apply."
5.11 As noted above, the respondents have considered different periods during the academic years y 2017-2018, 2018--2019, 2019- 2020, and 2020 2020-2021 2021 but have excluded the academic year 2021 2021- 2022 while granting the reservation benefit of four years. The applicant has presented the relevant experience period as follows:
S.No. Academic Year/Session School in which the Number of applicant was posted working days
1. 02.03.2017 to 10.05.2017 SKV No.1 Shakarpur, 58 (2016-2017) Delhi School ID 1002196
2. 01.07.2017 to 10.05.2018 SKV No.1 Shakarpur, 197 (2017-2018) Delhi School ID 1002196
3. 01.07.2018 to 13.07.2018 SKV No.1 Shakarpur, 08 (2018-2019) Delhi School ID 1003028
4. 18.07.2018 to 10.05.2019 SKV Laxmi Nagar, 182 (2018-2019) Delhi School ID 1003028
5. 01.07.2019 to 08.05.2020 SKV Laxmi Nagar, 200 (2019-2020) Delhi School ID 1003028
6. 07.09.2020 to 30.06.2021 SKV Laxmi Nagar, 172 (2020-2021) Delhi School ID 1003028
7. 01.07.2021 to 17.12.2021 SKV Laxmi Nagar, 112 (2021-2022) Delhi School ID Page 16 of 24 Item No.80/C-4 O.A. No.1368/2022 1003028
8. (2021-2022) SKV Laxmi Nagar, Delhi School ID 1003028 working till date as on 30.04.2022 5.12 The above chart indicates that the respondents excluded the period from 02.03.2017 to 10.05.2017, totaling 58 days of experience for the academic year 2016-2017, 2016 2017, as well as the period from 01.07.2021 to 17.12.2021 for the academic year 2021-2022.
It is also undisputed that the applicant was employed at SKV Laxmi Nagar, Delhi (School ID 1003028) and continued working there until 30.04.2022. The results of the applicant were declared on 16.11.2021.
5.13. O Onn 16.11.2021, the Delhi Subordinate Services Selection Board (DSSSB) declared the marks of the candidates who had appeared in the aforesaid examination. The marks of applicant were also declared. The applicant obtained 95.21 marks out of 200 marks in the U UR R category. It may be noted that the Delhi Subordinate Services Selection Board (DSSSB) vide Notice No. 53 dated 16.11.2021 declared the cutoff marks for uploading ee- dossier. In the said Notice dated 16.11.2021, Delhi Subordinate Services Selection Board ((DSSSB) DSSSB) declared 89.07 marks as cutoff marks for uploading the ee--dossier ossier in UR category. The applicant has, therefore, obtained more marks than the prescribed cutoff marks for up uploading the e--dossier. The applicant was shortlisted Page 17 of 24 Item No.80/C-4 O.A. No.1368/2022 for uploading the ee-dossier.
r. Accordingly, the applicant uploaded her ee-dossier dossier within the prescribed time period. The details of the marks & e-dossier dossier number of the applicant are as under:
S. Name Roll No. Marks E Dossier No.
No.
1 Pawanjit 111105700031 95.21 75871429
Kaur
5.14 Clause 7 of the terms of the advertisement, which stipulates age relaxation, reads as follows:
"7. AGE RELAXATION Sl. CATEGORIES EXTENT OF AGE CONCESSION No. 1 SC/ST 05 years 2 OBC 03 years 3 PwD+UR 10 years 4 PwD+SC/ST 15 years 5 PwD+OBC 13 years 6 Departmental candidate with at least For Group B posts: Up to 05 years for Group 'B' posts (which 3 years continuous service in Central are in the same line or allied cadre dre and where a relationship Page 18 of 24 Item No.80/C-4 O.A. No.1368/2022 Sl. CATEGORIES EXTENT OF AGE CONCESSION No. Government including Govt. of NCT could be established that the service already rendered in a of Delhi Employees of Govt. of NCT particular post will be useful for the efficient discharge of the of Delhi duties of post). As per DOPT OM No. 15012/2/2010 15012/2/2010-Estt.(D) dated 27th March, 2012 For Group C Posts:: Up to 40 years (45 years for SC/ST, 43 years for OBC) for Group 'C' post in the same line or allied cadres. As per DOPT OM No. 15012/2/2010 15012/2/2010-Estt.(D) dated 27th March, 2012 Meritorious Sports Persons (Only for 7 Group 'C' posts) 05 years (10 years for SC/ST) Ex Ex-Servicemen Group B & C (Non-
8 Gazetted) Period of Military service plus 3 years Disabled Defence services personnel 9 (Group "C") 45 years (50 years for SC/ST, 48 years for OBC) Widows / divorced women / women judicially separated and who aare not Up to the age of 35 years (up to 40 years for SC/ST & 38 10 remarried (Only for Group "C" Posts) Years for OBC) (Note: The above age relaxations will be regulated as per DOPT Guidelines.)
(i) Any specific age relaxation provided in the Recruitment Rules of the posts of MCDs, NDMC and Autonomous Bodies of Government of NCT of Delhi shall be applicable in respect of those particular posts.
(ii) Recruitment Rules of the posts of MCDs, NDMC and Autonomous bodies of Government of NCT of Delhi notified by their respective parent departments will be applicable.
(iii) For Group 'C' posts and isolated posts of MCDs, NDMC and Autonomous Government/ Govt. of NCT of Delhi, the upper age limit for persons with disability, shall be relaxable (as per existing and aapplicable pplicable orders/guidelines of Government of India/ Govt. of NCT of Delhi.)
(iv) For Group 'C' posts, the upper age limit is relaxable for employees of MCDs, NDMC and Autonomous Bodies of Govt. of NCT of Delhi in accordance with the instructions/orders iss issued by Government, from time to time.Page 19 of 24
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(v) Age concession to persons with disability and ex-servicemen ex servicemen shall be applicable as per DOPT/ Government of India instructions/orders/ guidelines.
(vi) In case of persons with disability, a candidate who is otherwise otherwise eligible for age relaxation under more than one category will be entitled to age concession only under one category of his/her choice.
(vii) A candidate will have to produce a certificate in proof of his/her claim for age relaxation at the time of docume document nt verification. No request for change of category will be entertained at later stage.
(viii) The above relaxations are subject to age concession not exceeding the prescribed limit as decided by a Departmental Appointing Authority. There shall be no further further relaxation of age for any reason whatsoever beyond the specified date.
5.15 It is beyond dispute that the Government of National Capital Territory of Delhi, Directorate of Education: School Branch, Branch, mandates a minimum of 220 working days in an academic year ear for schools, in accordance with the provisions of Section 19 of the RTE Act, 2009 2009. This provision requires that every recognized school must ensure at least 220 working days for Upper Primary Classes in an academic year. Accordingly, an academic year, running from April to March March, must comprise a minimum of 220 working days. 5.16 In terms of Clause 6 of the advertisement, the applicant is considered a departmental candidate with at least three years of "continuous service," as read with the OM dated 11.06.2019.
11.06.2019. The age relaxation clause in the advertisement refers to service rendered "in a particular academic year." While Clause I of the OM dated 11.06.2019 also uses the term "in a particular academic year," Clause II merely refers to service "in a partic particular ular year." The term "academic year" has not been explicitly defined in either the advertisement or the OM. Both are Page 20 of 24 Item No.80/C-4 O.A. No.1368/2022 silent on which period should be construed as the "academic year" for the purpose of determining eligibility for age relaxation--
relaxation--whether it refers to five academic years prior to the last date of application or includes the ongoing academic year. Notably, the application period opened on 04.06.2021 and closed on 03.07.2021. It is pertinent to note that, as per the advertisement, this is an "Age "Age Relaxation" benefit and not a "Reservation benefit," and the two are not interchangeable. The grant of age relaxation is to be regulated in accordance with DOPT guidelines. 5.17 In the present case, the age relaxation is directly linked to the experience rendered, as stipulated in OM dated 11.06.2019. For instance, in Vacancy Advertisement No. 04/17 dated 20.12.2017, the respondents had provided a one one-time time relaxation in upper age limits for Guest/Contract teachers, subject to a maximum of five years, provided provided they had worked at least 120 working days in that particular academic year. This applied to academic years 2012 2012-13, 13, 2013-14, 2013 2014-15, 2015-16, 16, and 2016 2016-17 (with the application period from 05.01.2018 to 31.01.2018). However, in the present advertiseme advertisement, nt, the relevant academic years have not been specified, nor is there any clause limiting the academic year to 2020 2020- 2021. A harmonious interpretation of the term "continuous service," as used in Clause 6 of the advertisement read with the OM dated 11.06.20 11.06.2019, 19, suggests that it should be construed over five academic years ending on 31.03.2022, particularly since the advertisement was issued in June 2021 and the results were declared on 16.11.2021. The applicant Page 21 of 24 Item No.80/C-4 O.A. No.1368/2022 was already rendering continuous service beyond the academic year, up to 30.04.2022.
5.18. In para 19 of CIVIL APPEAL NOS. ...................../2023 [Arising out of SLP (Civil) Diary No. 21319/2022] Union of India vs. Uzair Imran & Ors Ors,, it was held by the Apex Court as under
under:
"The The principle that if two views are reasonably possible on a given set of facts and that the courts would stay away from interference and not substitute its view for the view taken by the employer, may not apply in a case of the present nature where the conflicting conflicting views could be resolved by a mere reference to the certificate-issuing issuing authority to clarify what the certificate connoted. After all, the future of a prospective appointee called for an approach consistent with the preambular promise of securing justice and equality of opportunity, which the appellant failed to secure."
5.19 On the said analogy, the applicant is entitled to avail the concession of age for participation in the recruitment process to the extent of rendering "continuous service" in an academic year until the declaration of the result on 16.11.2021. The academic year, which was not explicitly prescribed, ended only on 31.03.2022, which falls within the period of 120 days, particularly since the advertisement was issued mid mid-academic year and the final selection was made in 2022. Had the advertisement been issued on 01.01.2021, the circumstances would have been altogether different.
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6. NOTE OF CAUTION :
6.1. It is observed that the respondents should exercise greater care in the future while formulating policies regarding age concessions, ensuring they are guided by the instructions issued by DOPT from time to time. The respondents should also ensure that the terms of the advertisement are clearly drafted with regard to concessions in respect of experience, age, and the relevant period. Merely stipulating the last or closing date may not be sufficient to arrive at a just decision, especially considering the date of issuance of the vacancy notification.
7. CONCLUSION :
7.1. In view of the foregoing, the present Original Application Application is allowed. The impugned Rejection Notice No. 91 dated 06.01.2022 06.01.2022, issued by the Delhi Subordinate Services Selection Board (DSSSB), whereby the candidature of the applicant for appointment to the post of TGT (Punjabi) (Female) (Post Code 57/21) was rejected on the grounds that the "Candida "Candidate te is overage by more than 4 years as on Cut Cut-Off date and does not have the total required experience as Guest Teacher," is hereby quashed and set aside.
7.2. The respondents are directed to present the case of the applicant to the Competent Authority for grant of age relaxation in light of the peculiar facts of the case and to appoint the applicant to the post of TGT Page 23 of 24 Item No.80/C-4 O.A. No.1368/2022 (Punjabi) (Female) (Post Code 57/21) within eight weeks from the date of receipt of a certified copy of this order.
7.3. It is clarified tha thatt the applicant shall be entitled to all benefits from the date of actual appointment only.
only 7.4. Pending M.A.s, if any, shall stand disposed of. No costs.
Dr. Anand S Khati Manish Garg
Member (A) Member (J)
/sb/
/sb/as
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