Central Administrative Tribunal - Delhi
Pardeep Kumar vs Gnctd on 27 March, 2026
Central Administrative Tribunal
Principal Bench,
New Delhi
O. A. No. 3857/2024
Orders reserved on: 27.02.2026
Orders pronounced on: 27.03.2026
Hon'ble Mr. Manish Garg, Member (J)
Hon'ble Mr. Rajinder Kashyap, Member (A)
1. Pardeep Kumar
Aged about 34 years
S/o Kuldeep Singh
R/o House No. 1298, Sector 23
Sonepat, Haryana-131001. ...Applicant
(By Advocate: Mr. S. K. Srivastava with Ms. Shubhi Srivastava and Mr.
Prince Kumar)
VERSUS
1. The Govt. of NCT of Delhi
Through its Chief Secretary
3rd Floor, Delhi Secretariat
I.P. Estate, New Delhi-110002.
2. The Deptt. Of Education
Through its Secretary
GNCTD, Old Secretariat Building
Near Vidhan Sabha
Civil Lines, Delhi-110054
3. The Directorate of Education
Through its Director
GNCTD, Old Secretariat Building
Near Vidhan Sabha
Civil Lines, Delhi-110054
4. The Delhi Subordinate Service Selection Board (DSSSB)
Through its Chairman
GNCTD, FC 18, Institutional Area
Karkardooma, New Delhi-110092 ....Respondents
(By Advocate: Mr. Girish C Jha for res. nos. 1, 2 & 3 and Ms. Purnima
Maheshwari with Mr. D. K. Singh for res. no. 4)
Digitally signed by NEETU
NEETU SHARMA
Date: 2026.03.27
SHARMA 17:02:38+05'30'
Item No. 51/C-4 2 OA No. 3857/2024
ORDER
Hon'ble Mr. Rajinder Kashyap, Member (A):-
By filing the present O.A. under Section 19 of the Administrative Tribunals Act, 1985, the applicant has sought the following reliefs:-
"I. To call for the record; & thereafter, to admit the instant O.A. in favour of the Applicant & against the Respondents arraigned herein.
II. To allow the O.A. after hearing the Respondents if they wish to be heard & to thereafter, to direct the Respondents to fill up the entire posts of the Economic Weaker Section (the EWS) category in the case of TGT Hindi Male (Post Code 34/21) of Appointment Notice No. 2/21 dated 12.05.2021 (Annexure A-1) wherein against the advertised posts of 26 seats the Respondents have filled up only 18 posts so far & have kept 8 seats unfilled & thereafter, to direct the Respondents to appoint the Applicant to the post of the TGT Hindi Male (Post Code 34/21) based on his position in their "Select List".
III. To award the cost of the present proceedings to the Applicant. IV. To pass any other & further order/s which this Hon'ble Tribunal may deem to be fit & proper in facts & circumstances of the case."
FACTS OF THE CASE
2. As stated by the applicant, the respondents issued Advertisement Notice No. 02/2021 dated 12.05.2021 for recruitment to various posts including TGT (Hindi) Male. The applicant, belonging to the Unreserved category but eligible under the EWS category, applied for the said post and participated in the selection process. The applicant appeared in the written examination and secured 101.52 marks, which was higher than the minimum qualifying marks of 81.82 prescribed for inclusion in the select list. Certain disputes arose regarding the recruitment process and a batch of Original Applications was filed before the Tribunal. The Tribunal, vide order dated 19.10.2022 in O.A. No. 2473/2022 and connected matters, directed the respondents to Digitally signed by NEETU NEETU SHARMA Date: 2026.03.27 SHARMA 17:02:38+05'30' Item No. 51/C-4 3 OA No. 3857/2024 complete the appointment process of all meritorious candidates within one year from the date of publication of the result. 2.1 As the respondents allegedly failed to comply with the said order, the applicant along with other candidates filed Contempt Petition No. 734/2023 before the Tribunal. Subsequently, a dispute arose regarding the eligibility of candidates who had obtained EWS certificates after the cut-off date (04.07.2021). The respondents constituted a High Powered Committee on 04.05.2023 to examine the issue. The Committee, in its report dated 05.02.2024, recommended that candidates who had not obtained their EWS certificates by the cut-off date should not be considered for appointment and those already appointed should be removed from service. Acting on the said report, the respondents removed five candidates appointed under the EWS category to the post of TGT (Hindi) Male and the resultant vacancies were added back to the EWS quota.
2.2 According to the applicant, despite the availability of these vacancies and his securing higher marks in the examination, the respondents failed to consider him for appointment. Aggrieved by the non-appointment despite being allegedly meritorious and eligible, the applicant has approached this Tribunal seeking appropriate directions for appointment against the available vacancies.
3. Pursuant to notice issued by this Tribunal, the respondents have filed reply opposing the claim of the applicant. In response thereto, the applicant has also filed rejoinder. Digitally signed by NEETU
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Item No. 51/C-4 4 OA No. 3857/2024
CONTENTIONS OF THE APPLICANTS
4. The applicant has assailed the impugned orders/actions of the respondents on several grounds, inter alia, that the same are arbitrary, illegal, and contrary to the settled principles of law:-
a. that the applicant has exhausted all the administrative remedies as were available to him and has no other efficacious remedy available to him.
b. that the Respondents did not secure the extension of Select Panel which was done by them and are now refusing Appointment to applicant on the ground that the Select Panel had expired on 01.08.2023 and the applicant cannot seek his appointment against any post reaming vacant thereafter. The respondents have wrongly and incorrectly calculated the validity of Select Panel to have expired on 01.08.2023 when even without any extension that was valid upto 30.04.2024 when 5 Posts were still unfilled, and the applicant admittedly was on the fourth position in their Select List, and was thus eligible to be appointed by the respondents against the Select Panel prepared by them based on the marks obtained by the candidates.
c. that the respondents had wrongly and incorrectly appointed the ineligible candidates and had thus blocked the deserving candidates like applicant.
d. that the respondents by Advertisement Notice No. 2/2021 advertised 556 posts of the Trained Graduate Teacher (TGT) Hindi Male (Post Code 34/21) and as per the extant policies of Govt. of India Digitally signed by NEETU NEETU SHARMA Date: 2026.03.27 SHARMA 17:02:38+05'30' Item No. 51/C-4 5 OA No. 3857/2024 5% of the 50.50% of the same was to be filled up by the applicants from the Economically Weaker Sections (EWS) of the Unreserved (UR) category and therefore, 29 seats were to be offered in the EWS category of the TGT Hindi Male but for reasons unexplained respondents offered only 26 seats to the EWS category in the TGT Hindi Male (Post Code 34/21) and it is stated that the applicant was one of the EWS candidates and he had claimed the benefit of the EWS category while applying for the post of the TGT Hindi Male (Post Code 34/21) and his claim was strictly as per the law.
e. that the applicant is one of the candidates who had been shortlisted by the respondents for appointment to the post of TGT Hindi Male (Post Code 34/21) in terms of the selection process of the year 2021 having obtained 101.52 marks in the selection process against the cut off marks of 81.82 for the shortlisting of the EWS category candidates of TGT Hindi Male (Post Code 34/21) for the selection as stated by respondents on the website of the respondents for uploading of the necessary documents of the shortlisted candidates before actual appointments were made by them based on the actual merit, and the availability of the vacant seats for that.
f. that as per the above directions of respondents, the applicant uploaded his documents regarding his educational qualification, his caste status, his EWS certificate, proof of age, etc. as was claimed & stated by him in form filed up online by him, and awaited the further directions from respondents.
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Item No. 51/C-4 6 OA No. 3857/2024
g. that in the meantime, some issues were brought before this Court and by its Orders dated 19.10.2022 this Court was pleased to order that the appointment should be concluded by respondents within one year from the date of publication of Final Results on 02.08.2022 and therefore, the respondents were to complete appointments by 01.08.2023 but as the same was not completed by the respondents, applicant and seven others filed Contempt Petition No. 734/ 2023 before this Court and pursuant to that Respondents appointed the seven of his co-complainants by their Orders dated 20.06.2024 but did not appoint the applicant on the ground that the last candidate appointed by that Order had scored 103.54 when applicant had scored only 101.52 and vacancies in EWS category in TGT Hindi Male stood filled up and there was no post to appoint applicant. h. that the applicant brought to the notice of this Court that the respondent No. 4 being the Examining Agency alone, had made a false averment before this Court that as on 20.06.2024 there were only 7 posts in EWS category as respondents No. 1, 2 & 3 had stated that there were 5 more Posts of TGT Hindi Male in EWS category which were to be filled up and this Court was pleased to ask the respondents to file affidavits as to how many Posts were still not filled up in EWS category of TGT Hindi Male posts after appointing seven co- complainants of Applicant. The respondents No. 1, 2 & 3 filed an Affidavit stating that there were 5 posts in EWS category of TGT Hindi Male which were still not filled up.
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Item No. 51/C-4 7 OA No. 3857/2024
i. that the respondent No. 4 filed its affidavit stating falsely that there were no posts of TGT Hindi Male in EWS category which were required to be filed up when in the course of arguments respondents No. 1, 2 & 3 stated on 25.06.2024 before this Court that because of transfer of 3 candidates from the EWS category of the TGT Hindi Male to UR category number of Posts in the EWS category had now increased to 8 and based on this admission of the respondents No. 1, 2 & 3 respondent No. 4 changed its arguments and said that those 8 posts (5 plus 3) were not to be considered Posts as those Posts have arisen only after the lapse of the Select Panel which was created on 02.08.2022 and was to last for one year alone and had thus lapsed on 01.08.2023 and therefore, the applicant cannot be appointed against the 8 Posts in the EWS category of TGT Hindi Male.
j. that one of the averments of the respondent No. 4 in its affidavit dated 10.09.2024 stated that there were three more candidates above the applicant in the EWS category of the TGT Hindi Male who too had to be appointed if the applicant was to be appointed by respondents. It is material that as per the existing policies of Govt. of India, a Select Panel if not exhausted within one year gets extended on its own steam by six months and thereafter, it can be extended with the approval of the Competent Authority for six months at a time and the Recruiting Deptt. being Respondents No. 1, 2 & 3 could have got the same extended from time to time till all the Posts originally advertised were filled up and even without discretionary extension, the Select Panel was valid till 01.02.2024.
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Item No. 51/C-4 8 OA No. 3857/2024
k. that because of the controversy over EWS certificates obtained by the candidates after the cut off date by which the EWS certificate was to be obtained Respondents No. 1, 2 & 3 with the concurrence of respondent No. 4 set up High Powered Committee on 04.05.2023 to recommend what should be done with EWS certificates which were obtained after cut off date by EWS category candidates and the Committee submitted its Report on 05.02.2024 recommending that the EWS certificates obtained after the cut off date should not be entertained and candidatures of those candidates who had not obtained the requisite EWS Certificate on or before the cut off date should be cancelled and as the respondents had already appointed some of such EWS category candidates by that date 05.02.2024 those were cancelled and in the EWS category of the TGT Hindi Male 05 cases in which the EWS certificate was not as per rules but who were appointed by the respondents were cancelled by respondents leading to 05 vacancies.
l. that the applicant, therefore, informed this Court that apart from the fact that respondents were taking undue advantage of their own wrong of appointing the ineligible candidates, they have not taken into consideration the period from 04.05.2023 to 01.08.2023 (89 days) when because of the pendency of matter before High Powered Committee no appointments of candidates was done and was required to be taken into consideration while computing the validity of Select Panel and factoring six months extension and 89 days validity of Select Panel even if argument of respondent No. 4 which was at the best Digitally signed by NEETU NEETU SHARMA Date: 2026.03.27 SHARMA 17:02:38+05'30' Item No. 51/C-4 9 OA No. 3857/2024 untenable was accepted to be correct, was 30th April, 2024 and as there were 12 unfilled up Posts as on 05.02.2024 in EWS category of TGT Hindi Male (Post Code 34/21) and the position of applicant in Select List admittedly was 11, applicant was entitled to be appointed against Select Panel as prepared by respondents.
m. that the Respondent No. 4 raised the issue before this Court that the issue of computation of vacancies in the EWS category of the TGT Hindi Male was a separate issue not adjudicated by this Court and not amenable to its contempt jurisdiction and although applicant was not in agreement, to save time he prayed for leave to withdraw the Contempt Petition and to invoke jurisdiction of this Court u/s 19 of the AT Act, 1985 for substantive adjudication of material issue and this Court was graciously pleased to accord the same by Orders dated 25.09.2024 and therefore, the applicant is invoking the gracious jurisdiction of this Court for issuance of appropriate directions to respondents in the matter.
CONTENTIONS OF THE RESPONDENTS
5. Learned counsel, by referring to the contents of the reply filed on behalf of respondent nos. 1, 2 and 3, submits that the Directorate of Education, GNCTD requisitioned 556 vacancies for the post of TGT (Hindi) Male (Post Code 34/21) from DSSSB, which were advertised through Advertisement No. 02/2021 dated 12.05.2021. DSSSB conducted the examination on 18.09.2021 and declared the result on 02.08.2022, forwarding the e-dossiers of 556 selected candidates to the Directorate of Education for further appointment process. As per Digitally signed by NEETU NEETU SHARMA Date: 2026.03.27 SHARMA 17:02:38+05'30' Item No. 51/C-4 10 OA No. 3857/2024 DSSSB's resolution dated 14.07.2022, scrutiny of eligibility and verification of documents was to be undertaken by the user department prior to issuance of appointment offers. Upon preliminary scrutiny, the Directorate issued appointment offers to 506 eligible candidates, while 50 candidates were kept on hold due to deficiencies such as incorrect educational qualifications, OBC certificates issued by other States, insufficient CTET marks, possession of D.El.Ed. instead of B.Ed., EWS certificates issued after the cut-off date, and ineligibility for age relaxation. During document verification, several other discrepancies were also detected and deficiency memos were issued to the concerned candidates. The process of verification and correspondence was time-consuming and further delayed due to deployment of staff for MCD General Elections, 2022. Subsequently, candidature of 157 candidates was cancelled for various reasons including absence during document verification, overage, invalid certificates, and failure to possess essential subject qualifications. The Directorate had already requested substitute candidates from the reserve panel before expiry of the panel on 01.08.2023. However, DSSSB later nominated 34 candidates from the reserve panel on 29.05.2024, subject to certain conditions and closure of the recruitment process. The matter also involved disputes regarding EWS certificates issued after the cut-off date. A committee constituted by the Chief Secretary recommended that such certificates should not be entertained in view of DoPT guidelines, resulting in cancellation of certain EWS candidatures and creation of vacancies. However, the Digitally signed by NEETU NEETU SHARMA Date: 2026.03.27 SHARMA 17:02:38+05'30' Item No. 51/C-4 11 OA No. 3857/2024 Tribunal in O.A. No. 1524/2022 and subsequent judgments, upheld by the High Court, directed reconsideration of such candidates if they possessed valid EWS certificates for the preceding three financial years. Consequently, the respondents were required to reconsider the candidature of such applicants in accordance with judicial directions. In view of these developments and the expiry of the recruitment panel on 01.08.2023, the respondents contend that vacancies arising thereafter, particularly those related to cancellation of EWS candidates, cannot be filled from the reserve panel and that the recruitment process has been completed in compliance with the directions of the Tribunal and the High Court.
5.1 It is submitted that the applicant through this O.A. has been trying to mislead the Court. The averment of the applicant as narrated in this O.A. is not sustainable. It is pertinent to seek attention to this Court to the fact that DSSSB declared Supplementary Result Notice No. 21 dated 28.05.2024 wherein the category wise marks scored by the last provisionally nominated candidate of reserve panel are is as under:-
Category EWS UR OBC SC ST PH-OH PH-VH
Marks out 103.54 112.63 71.97 113.98 109.60 105.10 106.57
of 200 (No (No (No (No
Change) Change) Change) Change)
5.2 In view of the above category wise marks, the applicant was not in the respective merits as he scored 101.52 marks. The applicant is relying upon the DSSSB Notice No. 1426 dated 08.02.2022 whereby DSSSB based on the performance in the online examination a total of 1088 candidates who obtained marks above or equal to cut off marks Digitally signed by NEETU NEETU SHARMA Date: 2026.03.27 SHARMA 17:02:38+05'30' Item No. 51/C-4 12 OA No. 3857/2024 in their respective categories, as details below were provisionally shortlisted to upload their requisite documents in e-dossiers through the OARS module. All the 1040 shortlisted candidates against the 556 posts for the post code 34/21 were directed to login to the e-dossier module and upload all their documents of Education Certificate/Mark Sheets/Caste Certificate/Admit Cards/proof of Govt. servant/Ex- servicemen/PH Certificate/EWS Certificate etc. as applicable, in the e- dossier module in OARS link in their individual accounts in OARS module. Category wise cut off marks (out of 200 marks) for uploading of e-dossier is as follows:-
Category EWS UR OBC SC ST PwD
Cut off 81.82 103.54 71.97 109.60 102.78 61.62
marks for
uploading
of e-
dossier
(out of
200
marks)
5.3 Further, it was specifically mentioned that since documents have not been called from the candidates along with the application forms as such details scrutiny regarding eligibility has not been carried out, and therefore, mere inclusion of names in the list of candidates shortlisted for uploading of e-dossier docs not entitle them any right over the post. From the above, it is clear that the applicant was only provisionally shortlisted amongst the 1040 shortlisted candidates and not in the main/waitlisted candidates and cannot be treated as selected for appointment.
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Item No. 51/C-4 13 OA No. 3857/2024
5.4 It is submitted that it is not true that the respondents did not comply with the order dated 19.10.2022 of the Tribunal. As concerned team/Department do respect/regard to the Tribunal and always ready to obey and take necessary action in each matter according to directions/judgment passed by the Tribunal. As stated above, it can be seen that most of the dossiers forwarded by the DSSSB for successful candidates were not FIT to be selected for the post of TGT (Hindi) Male, however a lot or correspondence with these candidates was made for completing the requisite/deficient documents. This exercise was very tedious and time consuming, hence, time frame fixed by the Tribunal was not adequate. The process or appointment of candidates affected and delayed as most of the staff was deployed in MCD General Election 2023 for almost two months (November & December, 2022). 5.5 It is submitted that in the wake of the recommendation and clarification of the committee, candidature of such EWS candidates who were not in position to submit a valid EWS certificate issued before the cut-off date, was cancelled by the Directorate or Education, GNCTD with the approval of the Competent Authority. Now the Reserve panel for TGT Hindi Male under the post code 34/21 also exhausted and the result process for appointment for the said post code stands closed in all respect as waiting panel was valid for a period of one year from the date of declaration or result i.e. upto 01.08.2023. However, DSSSB declared supplementary result against the dossiers returned by the user department i.e. Directorate of Education which received in the Board well before expiry or waiting panel. Digitally signed by NEETU
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Item No. 51/C-4 14 OA No. 3857/2024
5.6 It is submitted that DSSSB declared Supplementary Result Notice dated 28.05.2024 vide which 34 waitlisted candidates are provisionally nominated from reserve panel for the categories namely, UR-22, EWS- 11 and SC- 01 under the post code 34/21 purely on the basis of marks obtained by the candidates in the online exam, in conformity with DoPT guidelines and instruction of Govt. of NCT, Delhi issued from time to time and also mentioned in the result notice dated 02.08.2022. Now the Reserve panel for TGT Hindi Male under the post code 34/21 also exhausted and the result process for appointment for the said post code stands closed in all respect as waiting panel was valid for a period of one year from the date of declaration of result i.e. upto 01.08.2023. However, DSSSB declared supplementary result against the dossiers returned by the user department i.e. Directorate of Education which received in the Board well before expiry or waiting panel. 5.7 The respondent nos. 1, 2 and 3, while replying to the grounds raised by the applicant, submitted that the allegations made by the applicant are misconceived, baseless and devoid of merit. It is submitted that it is wrong to say that DSSSB did not provide any list wherein the applicant admittedly was on the fourth position. Further, DSSSB declared Supplementary Result Notice No. 21 dated 28.05.2024 declared vide which 34 waitlisted candidates are hereby provisionally nominated from reserve panel of UR-22, EWS-11 & SC-01 categories under the post code 34/21 purely on the basis or marks obtained by the candidates in the online exam wherein last nominated candidate in EWS category scored 103.54 marks whereas the applicant Digitally signed by NEETU NEETU SHARMA Date: 2026.03.27 SHARMA 17:02:38+05'30' Item No. 51/C-4 15 OA No. 3857/2024 scored 101.52 marks which are less than the last nominated candidate in EWS category.
5.8 It is submitted that the reservation under EWS is based on the Roster of EWS. Requisition is being sent to DSSSB on the basis of current vacant posts that may be less in compared to the requisition sent due to the reason that post is filled with the UR employee. As and when the post will fall vacant due to retirement or any other reason the same will be filled with the appropriate category candidate. It is further submitted that on the basis of above averment, the applicant is not entitled to grant any kind of relief and the present O.A. is not maintainable and liable to be dismissed.
5.9 In compliance with the direction of the Tribunal, the respondent nos. 1, 2 and 3, through an additional affidavit, have submitted that the Tribunal, vide order dated 16.12.2025, directed the respondents to place on record the complete report of the Committee dated 05.02.2024. The said Committee had been constituted by the Government of NCT of Delhi to examine procedural aspects relating to Non-Creamy Layer (NCL) and Economically Weaker Section (EWS) certificates, including their format, crucial date for submission, and verification of documents in recruitment matters. The Committee reviewed the applicable instructions and guidelines issued by the Government of India, particularly those issued by the Department of Personnel and Training (DoPT). It recommended that EWS/NCL certificates submitted beyond the prescribed crucial or cut-off date Digitally signed by NEETU NEETU SHARMA Date: 2026.03.27 SHARMA 17:02:38+05'30' Item No. 51/C-4 16 OA No. 3857/2024 should not be entertained, and certificates issued for periods not conforming to the prescribed income-assessment period would also be treated as inconsistent with the guidelines. Accordingly, in compliance with the Tribunal's directions, the respondents have placed the complete Committee Report dated 05.02.2024 on record as Annexure R-1 along with the additional affidavit.
6. Learned counsel, by referring to the contents of the reply filed on behalf of respondent no. 4, submits that the present O.A. is barred by limitation as the cause of action arose on declaration of result and any direction to fill up the entire posts of EWS category, if allegedly vacant was to be filled within the period of limitation and validity of result i.e., one year. Further, under as Order II rule 2 CPC it is mandated that an applicant must include their entire claim related to a specific cause of action in one lawsuit. If the applicant intentionally or unintentionally omits a part of the claim, they cannot file a separate suit for it, alleging new cause of action. The respondent No. 2 & 3 had sent a requisition to DSSSB (Respondent No. 4) to conduct the recruitment for the post of the TGT (Hindi) (Male) as per RRs. The total vacancies for post code 34/21 was 556. Based on the performance in the online examination, a total of 1088 candidates who obtained marks above or equal to cut-off marks in their respective categories were provisionally shortlisted to upload dossiers (documents of the candidates) vide result notice dated 08.02.2022. The cut-off 81.82 was for uploading dossiers and not for provisional selection.
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Item No. 51/C-4 17 OA No. 3857/2024
6.1 It is pertinent to mention that in para 11 of the said notice, it is stated as under:-
"Mere asking the candidate for uploading documents in the e-dossier module does not confer him/her right to selection to the applied post. Final selection will be made purely on the basis of merit against the notified vacancies provided the candidate falling in the zone of consideration fulfils all the requisite eligibility conditions".
6.2 As per procedure, the calling of dossiers of additional candidates is made to ensure that there is an adequate reserve panel of candidates for the specified post code. As per policy of Services Department DSSSB shares the e-dossiers (documents uploaded by the candidates) of all the provisionally nominated candidates in the main result list and those in the waiting panel with the user department. All the candidates above minimum qualifying marks in their respective categories are kept in reserve panel. The User Department fills the vacancies from main list and thereafter, from waiting panel. If the waiting panel is also exhausted due to the exigent cases, then the user department intimate DSSSB along with the returned and cancelled dossiers and the complete status report on utilization of the main list and the waiting panel. There is no provision in revised waiting policy for extension of waiting panel beyond one year.
6.3 The Services Department, GNCTD vide Circular dated 02.08.2021 issued revised waiting panel policy to be implemented by the DSSSB. The Policy provides:-
"As per point No.1: Against result of each recruitment, the DSSSB will maintain a reserve panel which shall be valid for a period of one year from the date of declaration of the main result. All the candidates above minimum qualifying marks in their respective category will be kept in the reserve panel.
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Item No. 51/C-4 18 OA No. 3857/2024
As per point No. 4 of the said Circular, it is mentioned that "after such notification (here declaration of main panel and 20% waiting panel result), DSSSB will share the e-dossiers of all the provisionally nominated candidates in the main result and those in the waiting panel with the User Department.
Para 6 of the above revised waiting panel policy stipulates as under:-
"The waiting panel list sent by DSSSB will be utilized by the user department, being the Cadre Controlling/appointing authority only to deal with the exigent cases of
(a) The candidates not meeting the eligibility/RR criteria,
(b) The candidates found medically unfit or having adverse police verification report,
(c) The candidate not accepting appointment offer,
(d) The Candidate not joining the post and
(e) The resignation/death cases, etc. As per Para 9: The candidates in the waiting panel or the balance reserve panel will have no claim or right for appointment per se against the vacancies notified for the recruitment. They can get the appointment only in the event any vacancy arises as a result of selected candidates from the main result list not joining the employment for the reasons as stated above within one year of validity of waiting panel. Such vacancies shall be filled up strictly according to the merit-based rankings in the waiting panel. Further, no candidates from the waiting panel will be considered against any future/other vacancies.
As per para 10: If the waiting panel is also exhausted due to the exigent cases, then the user department will intimate DSSSB along with the returned and cancelled dossiers and the complete status report on utilization of the main list and the waiting panel. The user department should indicate the reason for cancelling the candidature of each candidate whose dossier is being returned. If such returned dossiers and the complete status report are received in DSSSB within the validity period of one year, DSSSB will recommend the candidates from the reserve panel as per the extant guidelines issued by GNCTD/GOI. As per para 11: The appointments from the waiting panel and the reserve panel should be restricted to the extent of the vacancies advertised by DSSSB. The validity of the waiting panel and the reserve panel shall be deemed to expire as soon as the number of vacancies advertised are filled up or after one year from the date of declaration of the main result, whichever is earlier. Any vacancy arising, thereafter, due to any reasons shall not be filled out of the relevant waiting list. As per para 12: The user department must exercise strict discipline in implementing this delegated authority to avoid instances of denial of employment to the selected candidates, arbitrarily choosing candidates from the waiting panel, using the waiting panel after the time limit, or perpetrating the waiting panel for filling up of additional vacancies beyond the advertised vacancies."
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Item No. 51/C-4 19 OA No. 3857/2024
6.4 The applicant having participated in the recruitment process and after declaration of result firstly raised issue of wrong apportionment of vacancies in EWS category, which was adjudicated and it was directed that vide order dated 19.10.2022 to complete appointment under all categories by 01.08.2023. There is no provision in waiting policy for extension of waiting panel beyond one year. As per record, 08 vacancies in EWS category were created as dossiers were returned before expiry of waiting panel. 03 candidates of EWS Category were shifted from EWS to UR on merit. Hence, 11 vacancies were to be filled vide dated 26.07.2023 and further clarified vide letter dated 16.04.2024. The same were filled vide result notice dated 28.05.2024. Hence, total 26 candidates were recommended by DSSSB (including Result Notice dated 28.05.2024). The recruitment process has been closed and DSSSB has become functus officio.
CASE LAWS RELIED BY THE PARTIES
7. Learned counsel for the applicant places reliance on the following order/judgment namely; (i) judgment dated 27.11.2018 of Hon'ble Supreme Court in Civil Appeal Nos. 11360-11363 of 2018 in the matter of Dinesh Kumar Kashyap & Ors. Vs. South East Central Railways & Ors.; and (ii) order/judgment in W.P. (C) No. 11843/2025 of Hon'ble High Court of Delhi in the case of Delhi Subordinate Service Selection Board & Anr. Vs. Sahil Lohab & Ors., reported in 2025 DHC 9373-DB.
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Item No. 51/C-4 20 OA No. 3857/2024
7.1 Learned counsel for the respondents places reliance on the
following judgments namely, (i) judgment dated 15.01.2026 of Hon'ble Supreme Court in Civil Appeal No. 273/2026 in the matter of Rajasthan Public Service Commission, Ajmer Vs. Yati Jain & Ors., reported in 2026 INSC 64; and (ii) order/judgment dated 05.04.2024 of Hon'ble High Court of Delhi in W.P. (C) 4949/2024 in the matter of Dr. Shashi Bhushan Vs. University of Delhi & Anr., reported in 2024 DHC 2847.
7.2 Reliance has also been placed on OM No. F. 20(2)/Services/Vacancy Cell/2023/199-216 dated 05.02.2024 issued by Govt. of NCT of Delhi having subject, "Regarding instructions on procedural aspects etc. in the matter of non-creamy layer as well as EWS certificates and other related matters". Based on the report of a committee of senior officers, this OM reiterates the guidelines issued by the Department of Personnel and Training (DoPT), Govt. of India, ensuring a uniform approach to handling these certificates across all GNCTD recruitment processes.
7.3 Learned counsel for the respondents also places on record official noting bearing No. 7/N Services Department (Services-IV Branch). For facility of reference, the relevant portion of the same reads as under:-
"21. The issue raised in the instant matter is covered under the terms of reference assigned by the Chief Secretary to the said Committee and vide its report the Committee addressed the said issue as under, which has also been approved by the competent authority:-
"......the Committee unanimously agreed to abide by the instructions/OMs issued by DoPT, Govt. of India and recommended that the EWS/NCL Certificates issued/submitted beyond crucial/cut-off date may not be entertained. Further, Digitally signed by NEETU NEETU SHARMA Date: 2026.03.27 SHARMA 17:02:38+05'30' Item No. 51/C-4 21 OA No. 3857/2024 regarding the cases where the certificates were issued before completion of the period for which income is to be computed, were also not found to be as per the DoPT norms, hence such cases may also not be entertained."
7.4 Status report of vacancies under EWS Category in the matter of Pardeep Kumar Vs. GNCTD & Ors. in O.A. No. 3857/2024 in N.D.O.H. 07.01.2026 in the post of TGT (Hindi) Male, post code- 34/21. For facility of reference, the relevant portion of the same reads as under:-
Dossiers received Joined Shifted Cancelled Hold/Under Vacancies under EWS Category from Submission EWS to UR Main Panel 26 07 10 09 ............... 10+ Waiting Panel 06 02 ......... 04 ................ (including Supplementary 11 07 ......... 04 ................ 01 PHOH) Panel Total 43 16 10 17 Nil 10 ANALYSIS
8. We have heard learned counsel for the parties at length and carefully perused the pleadings and documents placed on record.
9. The following issues arise for consideration:-
(i) Whether the applicant has any enforceable right to seek appointment merely on the basis of having secured marks above the cut-off for uploading of e-dossier; and
(ii) Whether the vacancies arising in the EWS category after the expiry of the select/waiting panel can be directed to be filled from the said panel.
10. It is an admitted position that the applicant secured 101.52 marks, whereas the last candidate provisionally nominated in the EWS Digitally signed by NEETU NEETU SHARMA Date: 2026.03.27 SHARMA 17:02:38+05'30' Item No. 51/C-4 22 OA No. 3857/2024 category from the reserve panel secured 103.54 marks. Thus, on merits, the applicant falls below the last selected candidate.
11. The contention of the applicant that he was placed at a particular position in the "select list" is not borne out from the record. The material placed before us clearly indicates that the list relied upon by the applicant was only a list of candidates shortlisted for uploading of e-dossiers. It is settled law that mere inclusion in such a list does not confer any indefeasible right to appointment. The respondents have rightly relied upon the condition stipulated in the result notice itself that final selection would be strictly on merit against notified vacancies and subject to fulfillment of eligibility conditions.
12. The next issue pertains to the validity of the select/waiting panel. As per the policy governing the field, the waiting/reserve panel remains valid for a period of one year from the date of declaration of the result, i.e., till 01.08.2023. The said policy further categorically stipulates that any vacancy arising after expiry of the panel cannot be filled from the said panel. Since the validity of the select panel has come to an end on the afflux of time, therefore, there cannot be any order to appoint the persons from such panel in pursuance to the advertisement issued on 12.05.2021. Such panel cannot be a perennial source of appointment.
13. The argument of the applicant that the panel stood automatically extended or ought to have been extended cannot be accepted. No material has been placed on record to show that any such extension Digitally signed by NEETU NEETU SHARMA Date: 2026.03.27 SHARMA 17:02:38+05'30' Item No. 51/C-4 23 OA No. 3857/2024 was granted by the competent authority. On the contrary, the policy relied upon by the respondents clearly negates any such automatic extension.
14. The vacancies on which the applicant seeks appointment admittedly arose subsequent to the cancellation of candidature of certain EWS candidates pursuant to the report of the High Powered Committee dated 05.02.2024. These events occurred after the expiry of the panel on 01.08.2023. In view of the explicit policy provisions, such vacancies cannot be filled from the expired panel.
15. The contention of the applicant that the respondents are taking advantage of their own wrong is also not sustainable. The cancellation of candidature of certain candidates was done in compliance with applicable guidelines and subsequent judicial directions. The mere fact that such cancellation led to creation of vacancies would not revive an expired panel or confer a right upon candidates lower in merit.
16. The reliance placed by the applicant on the judgment in Dinesh Kumar Kashyap (supra) is misplaced in the facts of the present case. The said judgment reiterates that vacancies ought to be filled in a fair and transparent manner; however, it does not override the settled principle that a candidate in a waiting list has no vested right to appointment, particularly after expiry of the panel.
17. On the contrary, the law laid down by the Hon'ble Supreme Court in Rajasthan Public Service Commission Vs. Yati Jain & Ors. and other judgments clearly holds that a waiting list cannot be Digitally signed by NEETU NEETU SHARMA Date: 2026.03.27 SHARMA 17:02:38+05'30' Item No. 51/C-4 24 OA No. 3857/2024 operated beyond its validity period and cannot be used to fill future vacancies.
18. In the present case, the respondents have demonstrated that:-
(i) the panel expired on 01.08.2023;
(ii) the supplementary nominations were made against dossiers returned within the validity period; and
(iii) the last selected candidate in EWS category had higher marks than the applicant.
19. In such circumstances, no arbitrariness or illegality can be attributed to the action of the respondents warranting interference by this Tribunal.
20. In view of the foregoing discussion, the Original Application is dismissed being devoid of merit.
21. No order as to costs.
22. Pending M.A. (s), if any, shall also stand disposed of.
(Rajinder Kashyap) (Manish Garg)
Member (A) Member (J)
/neetu/
Digitally signed by NEETU
NEETU SHARMA
Date: 2026.03.27
SHARMA 17:02:38+05'30'