Central Administrative Tribunal - Delhi
Rajni vs Dsssb on 15 October, 2025
Item No.07 (Court--4) O.A. No. 3931/2025
3931
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No. 3931/2025
This the 15th day of October
October, 2025
Hon'ble Mr. Manish Garg, Member (J)
Hon'ble Dr. Anand S Khati, Member (A)
Rajni W/o Sh. Manoj Kumar D/o Sh. Niranjan Singh R/o H.
No. 390/C, Asharam Gali Ambedkar Marg, Mandawli
Fazalpur, Delhi -110092 Age- 38 years Post -Teacher
(Primary) Group
...Applicant
(By Advocate: Mr. M Rais Farooqui
Farooqui)
Versus
1. Delhi Subordinate Services Selection Board (DSSSB)
Through Chairman/Secretary Govt, of NCT of Delhi, FC
FC-18,
Institutional Area, Karkardooma, Delhi -110092
2. The Director of Education Directorate of Education Govt,
of NCT of Delhi Old Secretariat Buil
Building Civil Lines, Delhi -
110054
3. Govt, of NCT of Delhi Through the Chief Secretary,
Secretariat, I.P. Estate New Delhi-110002
Delhi 110002
...Respondents
(By Advocates:
Advocate Mr. Amit Anand with Mr. Tanmay Vasishtha)
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Item No.07 (Court--4) O.A. No. 3931/2025
3931
ORDER (ORAL)
Hon'ble Mr. Manish Garg, Member (J):-
In the present Original Application, filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has prayed for the following relief(s):
"1. direct the respondents to grant the age relaxation to the applicant as "
eligible for the Post of Assistant Teacher 0 2 (Primary) to the Post Code No.802/25 in Advertisement No.05/2025 dated 10.09.2025 is issued by the respondent No.l on requisition of the respondent No.2, Directorate of Education, Government of NCT of Delhi;
ii) Any other /further order(s) instruction(s) and direction(s) as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case, may also be passed in favour of the applicant circumstances and against the respondents."
respondents.
2. Learned counsel for the applicant also prays for interim relief in terms of para 9 of the O.A., which reads as under:
"i) pass an interim order thereby directing " irecting the respondents to accept the Application/Form of the applicant offline/online, whichever possible and allow the applicant to participate in examination process for the recruitment of Assistant Teacher (Primary) to the Post Code No.802/25 in Advertisement Advertisement No.05/2025 dated 10.09.2025 issued by the respondent No.l on requisition of the respondent No.2, Directorate of Education, Government of NCT of Delhi, in the interest of justice;
justice;"
3. With the consent of the learned counsel for the parties, the matter ter is taken up for final adjudication.
4. Learned counsel for the applicant submits that the present Learned Original Application has been filed assailing the Advertisement No. 05/2025 issued by the Delhi Subordinate Services Selection Board (DSSSB) on 10.09.2025 for recruitment to the post of Assistant Page 2 of 7 Item No.07 (Court--4) O.A. No. 3931/2025 3931 Teacher (Primary) (Post Code: 802/2025) 802/2025) in the Directorate of Education, Govt. of NCT of Delhi, to the extent the respondents have failed to grant three years' age relaxation to the applicants.
5. Learned counsel for the applicant also places reliance upon the judgments of the Hon'ble Delhi High Court in Sachin & Ors. vs. CRPF & Anr., Anr., W.P.(C) No. 90/2023 and the Hon'ble Supreme Court in High Court of Delhi vs. Devina Sharma Sharma, Civil Appeal No. 2016/2022, wherein the courts granted relaxation in upper age limits to candidates who had become overage due to non non-holding of recruitment examinations on time. It is, therefore, submitted that the applicants are entitled to three years' age relaxation as a one one-time measure to enable them to participate in the ongoing recruitment process for the post of Assistant Teacher (Primary). Thus, learned counsel for the applicant presses for urgent interim relief in terms of para 9 of the original or ginal application by allowing the applicants to submits the application forms forms (online or offline) for appointment on the post of Assistant Teacher (Primary) in Directorate of Education, Govt. of NCT of Delhi [Post Code: 802/2025] and allow the applicants to participate in the recruitment process for the said post as the respondents' respondents' inaction in denial of age relaxation would amount to perpetuating injustice upon qualified candidates solely for the administrative delays attributable to the respondents themselves. Page 3 of 7 Item No.07 (Court--4) O.A. No. 3931/2025 3931
6. Opposing the grant of interim relief, learned counsel for the respondents pondents submits that the Original Application itself is not maintainable, as no cause of action has arisen in favour of the applicants. He further contends that the Recruitment Rules do not provide for any age relaxation beyond what is expressly stipulate stipulated therein, and that the examination is being conducted strictly in accordance with the prescribed rules.
7. In support of his submissions, learned counsel for the respondents places reliance upon the judgments ren rendered by the Hon'ble High Court of Jammu & Kashmir and Ladakh WP(C) No. 2440/2023 titled Mridulla Kirti & Ors. vs High Court of J&K and Ladakh & Ors. dated 04.10.2023, The High Court of Gujarat at Ahmadabad R/Special Civil Application No. 11819/2022 with Civil Application (For Direction) No. 2 of 22023 in R/Special Civil Application No. 11819 of 2022 titled Anuradha Vikramsinh Rajput vs. Gujarat Subordinate Services Selection Board (Gaun Seva Pasandgi Mandal) dated 19.05.2023, and The High Court of Judicature at Patna titled Shahjahan vs. The Hon'ble High Court of Judicature at Patna and anr., anr. which, according to him, have distinguished the decisions rendered in High Court of Delhi vs. Devina Sharma and Sachin & Ors. vs. CRPF & Anr Anr., relied upon by the applicants.
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8. In rejoinder, learned learned counsel for the applicant submits that the judgments cited by the respondents are clearly distinguishable on facts, as in the present case, the respondents themselves have failed to conduct timely recruitments for several years, thereby rendering the applicants overage overage through no fault of their own. It is urged that the ratio laid down by the Hon'ble Supreme Court in Devina Sharma (supra) and the Division Bench of the Hon'ble Delhi High Court in Sachin & Ors. (supra) squarely applies to the present case, entitling the applicants to three years' age relaxation as a one one-time measure in the interest of justice.
9. Learned counsel for the applicant has drawn our attention to Learned the fact that in an identical situation in O.A. No.2271/2025, this Tribunal vide order dated 10.06.2 10.06.2025 passed the following directions directions:
"4. Having heard the learned counsel for both parties and with the consent of the parties, this Tribunal dispose of the matter at the admission stage itself. On consideration of the submissions, this Tribunal is of the view that the limited grievance of the applicants deserves sympathetic consideration, particularly in light of the claim that the rejection of their application forms was not due to age bar but owing to a technical error in the software, which failed to rrecognize their eligibility under the teaching category. It is observed that the applicants have claimed to possess relevant experience, albeit categorized under non-teaching teaching due to system limitations. This issue requires examination by the respondent authoauthority, especially as the advertised posts relate to teaching.
5. In view of the above, this Tribunal deems it appropriate to direct the respondents to accept the application forms of the applicants in both online and offline modes. The respondents sha shall also take steps to facilitate the submission and acceptance of the online forms, notwithstanding the system-generated generated objection regarding non non-
teaching experience. The applicants' forms shall be considered in Page 5 of 7 Item No.07 (Court--4) O.A. No. 3931/2025 3931 accordance with the eligibility conditions pr prescribed in the advertisement for teaching posts.
6. The present Original Application is, accordingly, disposed of at the admission stage with a direction to the respondents to permit the applicants to participate in the selection process, without prejudice to the rights and contentions of either party, which may be raised and considered at a later stage, in accordance with law. All pending applications, if any, stand disposed of. There shall be no order as to costs."
10. Learned counsel for the applicant also relies upon the order passed by this Tribunal in O.A. No.2130/2025 dated 13.10.2025.
11. Learned counsel for the respondents opposes the grant of relief and seeks some time to file appropriate reply. She submits that the order passed by this this Tribunal in O.A. No.2271/2025 dated 10.06.2025 does not confer any equitable rights to the applicants seeking the identical benefits.
12. Having heard counsel for the parties and perusing the pleadings available on record, we are of the opinion that in an identical matter in O.A. No.2271/2025 & 2130/2025, 2130/2025, this Tribunal has already passed the appropriate orders.
orders. Therefore, this Court cannot take a divergent view in the present matter.
13. In view of the above, this Tribunal deems it appropriate to direct the the respondents to accept the application forms of the applicants in both online and offline modes. The respondents shall also take steps to facilitate the submission and acceptance of the online forms, notwithstanding the system system-generated objection Page 6 of 7 Item No.07 (Court--4) O.A. No. 3931/2025 3931 regarding ng non-teaching non teaching experience. The applicants' forms shall be considered in accordance with the eligibility conditions prescribed in the advertisement for teaching posts.
14. The present Original Application is, accordingly, disposed of at the admission stage stage with a direction to the respondents to permit the applicants to participate in the selection process, without prejudice to the rights and contentions of either party, which may be raised and considered at a later stage, in accordance with law. All pendingg applications, if any, stand disposed of. There shall be no order as to costs.
(Dr. Anand S Khati) (Manish Garg)
Member (A) Member (J)
/sb/
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