Central Administrative Tribunal - Delhi
Vikram Kumar vs Gnctd on 5 August, 2025
1
Item No. 21 (C-4) O.A No. 686/2025
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
O.A. No. 686/2025
Reserved on : 17.07.2025
Pronounced on : 05.08.2025
Hon'ble Mrs. Harvinder Kaur Oberoi, Member (J)
Hon'ble Dr. Sumeet Jerath, Member (A)
Vikram Kumar
S/o Shri Prithvi Singh
R/o House No.-99, Street No.-2,
Landmark-VPO Bhodia Khera
Village- Bhodia Khera I and II,
Distt. Fatehabad, Haryana-125050
Phone Number: 7568910008, 7906235315,
7017089672 & 8979810261
Email Address: [email protected] ....Applicant
(By Advocate : Ms. Shagun Aggarwal, Ms. Rini Mehra, Mr. Prayuj
Sharma and Mr. Rahul Kumar)
Versus
1. Govt. of NCT OF Delhi
Through its Chief Secretary
3rd level, Delhi Secretariat, I.P. Estate
New Delhi-110002
Phone Number: 011-23392100
Email Address: [email protected]
2. Directorate of Education
Through Secretary Ministry of Education,
Government of NCT of Delhi
Room No. 222, Old Secretariat,
Delhi-110054
Tel: 011-23890172
Email: [email protected]
2 OA No. 686/2025
Item 21 (C-4)
3. Delhi Subordinate Services Selection Board
Through its Chairman,
FC-18, Institutional Area,
Karkardooma, Delhi - 92
Phone Number: 011-22370309
Email Address: [email protected] ....Respondents
(By Advocate : Mr. D. K. Singh for Ms. Purnima Maheshwari,
Mr. Girish C. Jha)
ORDER
Hon'ble Dr. Sumeet Jerath, Member (A):
The instant OA has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, seeking the following reliefs:-
"8 i) Quash the Order dated 08.01.2025 passed by the Respondent No. 2 vide F. No. DE.2(110)/DRC(E- II)EVGC/Male/2024/28;
ii) Pass an Order to Respondent No. 2 and 3 to take on record/accept the EWS certificate dated 29.08.2022 submitted by the Applicant and consequently select him in EWS category according to the merit;
iii) Pass directions to the Respondent Nos. 2 and 3 to appoint the Applicant on the post of Educational and Vocational Guidance Counselor (EVGC) (Male) with all consequential benefits including the salary, seniority and promotions etc. on the basis of merit position and on par with his co-aspirants who were appointed in due course;
ALTERNATIVELY iv. Direct the Respondents to consider the Applicant's candidature on the post of Educational and Vocational Guidance Counselor (EVGC) (Male) in the General category on merits; and/or V. Pass any other/further orders as this Hon'ble Tribunal may deem fit in the interest of justice."
3 OA No. 686/2025Item 21 (C-4)
2. The factual matrix of the case as per the counsel of the applicant is that the Delhi Subordinate Service Selection Board (DSSSB), GNCTD had issued an advertisement no. 07/22 dated 20.07.2022 notifying vacancies for the post of Education and Vocational Guidance Counselor (EVGC) (Male). Being eligible the applicant applied for the said post under the EWS category well within time and appeared in the Computer Based online Examination on 21.06.2023. Having qualified he was asked to upload his e-dossier within the stipulated time. Pursuant to this the applicant uploaded his e-dossier on 05.12.2023. However, respondent no. 2 issued a Deficiency memo dated 08.05.2024 stating that he had acquired diploma in child development & counselling which is not as per Recruitment Rules for the said post as the requisite educational qualifications are:-
1) Master's Degree in Psychology from a recognised University or Institution with
2) Diploma in guidance & counselling from a recognized university or institution.
In response to the said deficiency memo on 21.05.2024, the applicant submitted a letter dated 13.12.2023 from Punjabi University, Patiala certifying that he had obtained a Post Graduate Diploma in Child Development and Counselling in the session 4 OA No. 686/2025 Item 21 (C-4) 2018-19. The said letter clarified that he fully satisfied the above criteria. With regard to the other deficiency regarding EWS certificate, he was verbally informed that he possesses a valid EWS certificate for the Financial year 2022-23 however, his candidature would be considered subject to fulfilling the deficiency of Diploma. Thereafter, the respondents remained silent for a long time and later, on 17.01.2025 they rejected his candidature vide order dated 17.01.2025 for want of valid EWS certificate. Hence the applicant has knocked the doors of this Tribunal.
3. The counsel for the applicant argued on the following grounds :-
"A. The respondents have illegally cancelled the candidature of the applicant vide the Cancellation Order without taking into consideration that the applicant holds a valid EWS certificate for the F.Y. 2022-23.
B. The Cancellation Order is in contravention of the guidelines as have been issued by the Government of India from time to time.
C. The applicant holds a valid EWS certificate bearing no. EWS/2022/897 dated 29.08.2022 issued by the competent authority.
D. The EWS Certificate was applied on 24.08.2022 and despite repeated enquiries to the CSC, the same was issued on 29.08.2022, [28.08.2022 being a Sunday]. The said Certificate was valid for the entire financial year and the applicant fulfilled all the criteria for falling under the EWS category on 27.08.2022 as well.
E. Though the applicant applied for the EWS certificate on 24.08.2022, the same was not issued within the usual time period of 24 hours, however, since, thereafter, the applicant suffered from Chickenpox and high fever and quarantined, he could not follow up with the CSC. Later to his shock, the Applicant got to know that the EWS Certificate was issued 5 OA No. 686/2025 Item 21 (C-4) on 29.08.2022 because the CSC uploaded his application as late as on 27.08.2022 despite the applicant giving all the documents on 24.08.2022.
F. The requisite EWS Certificate EWS/2022/897 dated 29.08.2022 is in line with the DOPT OM No. 36039/1/2019- ESTT(Res) dated 31.01.2019 as well as other instruction/guidelines issued from time to time by the competent authorities.
G. The applicant has a valid EWS Certificate from the financial year 2020-21 which has been renewed ever since and continues to be operative and is subsisting as on the date of filing the present Application. This shows the genuineness of the applicant's candidature which is also the very objective which the notification aims at achieving.
H. In the Notification, what is contemplated is the possession of a relevant certificate issued by the competent authority on or before the Cutoff Date without going into the claim as to whether it should be recorded as a financial year or a relevant calendar year.
I. There has been no change in the income of the applicant's family since 2020-2024 and the applicant continues to meet the criteria of the EWS scheme and the same is evident from the EWS Certificate issued for F.Y. 2024-25.
J. The requirement in the Notification insisting upon the date of EWS Certificate as on the date of the closing of application forms is not only vague but also leads to an anomalous situation by defeating the very intent and object of the legislature in the matter of Reservation in EWS Category.
K. The determinative validity period in question for the purpose of recruitment, selection and appointment ought to follow a calendar year.
L. This Hon'ble Tribunal has already held in one of its judgements, that for the purpose of determining the validity period of a document/certificate in question for the purpose of recruitment, selection and appointment, the validity period shall follow a calendar year and not a fixed date as may have been notified.
Re: Applicant's educational qualification M. As per the Notification as well as the Deficiency Memo dated 08.05.2024, the applicant should have had; (a) A master's degree in psychology from a recognized university and (b) Diploma in guidance & counselling from a 6 OA No. 686/2025 Item 21 (C-4) recognized university. As is also evident from the documents as produced supra, the Applicant already fulfilled these qualifications and hence, there was no reason as to why his candidature to the Post should not have been considered.
N. Letter dated 13.12.2023 (as issued by Punjabi University, Patiala) illustrates and explains as to how, the applicant possesses 'Diploma in guidance & counselling from a recognized university' and hence, there was no reason as to why his candidature should not have been considered.
O. The letter dated 13.12.2023 (as issued by Punjabi University, Patiala) serves as a sufficient clarification that the applicant has the required qualification which is equivalent to what was mandated in the Notification.
P. Other candidates who have submitted. similar documents in response to the deficiency memo regarding their educational qualification as to 'Diploma in guidance & counselling from a recognized university' have been considered by the Respondents whereas no reasons have been provided by the latter as to why the applicant's application has not been proceeded with."
4. The counsel of the applicant relied upon the following judgments and decisions in :-
1. Pushpa vs. State (NCT of Delhi), 2009 SCC OnLine Del 281;
2. Ram Kumar Gijroya vs. Delhi Subordinate Services Selection Board, (2016) 4 SCC 754;
3. Anju Bala vs. DSSSB [O.A. No. 1360/2022] passed by this Tribunal;
4. Govt. of NCT of Delhi vs. Rishikesh Sharma [W.P.(C) 2814/2024;
5. Rima Jha vs. GNCTD & Ors [Ο.Α./1276/2024] passed by this Tribunal;
6. Pawan Kumar vs. GNCTD and Others [O.A./1659/2024] passed by this Tribunal and
7. Laxmi Saroj vs. State of U.P., (2022) 17 SCC 477 7 OA No. 686/2025 Item 21 (C-4)
5. Per contra, the counsel of the respondent no. 3 - DSSSB from the counter affidavit stated that the applicant - Shri Vikram Kumar with Roll No. 141501100275 had secured 174.75 marks and vide result Notice No. 4153 dated 08.01.2024 he was provisionally selected in EWS category and his e-dossier was forwarded to user Department - Directorate of Education (DoE). Her contention was that DoE was tasked to check the documents and that since they had rejected the candidature of the applicant, the onus lies on them - they are the main respondents; DSSSB is the proforma party and may be exempted from the memo of parties.
6. Per contra, the counsel for R-1 and 2 - GNCTD and DoE stated that the appointment is done as per the recruitment rules, DoPT OMs and guidelines issued by GNCTD from time to time. On scrutinizing the e-dossier of the applicant as per the provisions of the recruitment rules for the post of EVGC, Male against the post code 35/22, deficiencies were found and accordingly, the applicant was issued a Deficiency Memo No. 217 dated 08.05.2024 and the candidate was given an opportunity to submit the requisite documents/clarifications regarding the following: -
(1) Mr. Vikram Kumar had completed his diploma in Child Development & Counselling that is not as per recruitment rules.8 OA No. 686/2025
Item 21 (C-4)
(ii) EWS certificate bearing No. EWS/2022/897 dated 29.08.2022 issued in favour or Sh. Vikram Kumar S/o Sh. Prithvi which is after the cut-off date of DSSSB Advt. No. 07/22 dated 27/08/2022. However, even after giving an opportunity to provide requisite documents, the applicant was not able to submit the valid EWS certificate issued till the cut off date i.e., 27.08.2022 and submitted it only after the cut off date.
7. In the rejoinder, the applicant's counsel has stated in paras 7 and 11 as under :-
"7. Furthermore, this Hon'ble Tribunal in several other judgments has maintained that the validity of a document such as an EWS certificate shall not be judged upon the anvil of a cut- off date but the financial year. The Applicant having qualified the exam and being in possession of EWS certificates for all 3 requisite years is eligible to be appointed against the vacancy he had been provisionally admitted.
x x x x
11. It is denied that the Applicant failed to provide requisite documents despite an opportunity provided by way of the deficiency memo. The Applicant submitted a letter dated 13.12.2023 from Department of Psychology, Punjabi University explaining the equivalence of the course required in the advertisement with the course pursued by the Applicant, therefore answering point (i) of the deficiency memo. As for (ii), the EWS certificate submitted by the Applicant was valid, and in view of the aforementioned judgments, a cut-off date cannot invalidate an EWS certificate issued for the relevant financial year."
8. We have given our thoughtful consideration to the rival submissions; examined the relevant documents on record and perused the judgments and decisions of Hon'ble Courts and 9 OA No. 686/2025 Item 21 (C-4) Coordinate Bench of CAT. We have observed that the cut off date for submission of EWS certificate was 27.08.2022 and the applicant was issued the EWS certificate no. EWS/2022/897 dated 29.08.2022 by Tehsildar- Fatehabad, Haryana just after two days of the cut off date. The said certificate is reproduced below :-
10 OA No. 686/2025
Item 21 (C-4) However, we have observed that the applicant had applied for the EWS certificate from Tehsildar-Fatehabad on 24.08.2022 before the cut off date of 27.08.2022 but unfortunately there was delay in the office of Tehsildar - Fatehabad while issuing the EWS certificate which was issued on 29.08.2022 just two days after the cut off date. We are of the considered opinion that the applicant should not suffer due to the delay caused in Tehsildar - Fatehabad Office. Moreover, the applicant continued to belong to EWS category both before and after the cut off date of 27.08.2022 as can be seen from his EWS certificate dated 26.02.2021; 04.09.2023 and 22.08.2024. We have also taken note of the equivalence certificate issued by Dr. Damanjit Sandhu, Professor & Head of Department of Psychology, Punjabi University, Patiala dated 13.12.2023 which is reproduced below :-11 OA No. 686/2025
Item 21 (C-4) In the light of the above, we are of the considered opinion that this OA has merit; deserves to be allowed and is accordingly allowed. The impugned cancellation/rejection order dated 08.01.2025 issued by the respondent no. 2 - Directorate of Education is hereby quashed and set aside. We direct the respondent no. 2 - DoE to consider appointing the applicant to the post of Educational and Vocational Guidance Counselor (EVGC) (Male) (as he is otherwise meritorious). This exercise should be completed within a period of two months from the date of receipt of a certified copy of this order. Needless to mention, the applicant would be entitled to all notional benefits including seniority and fixation of pay and allowances. However, there will be no payment of any arrears on the principle of 'No work no pay'.
9. With the above direction, the OA stands disposed of. There will be no order as to costs.
(Dr. Sumeet Jerath) (Harvinder Kaur Oberoi)
Member (A) Member (J)
/Mbt/