Central Administrative Tribunal - Delhi
Geetika vs Delhi Subordinate Services Selection ... on 19 January, 2026
1 OA No.1763/2021
Central Administrative Tribunal
Principal Bench, New Delhi
OA No.1763/2021
Order reserved on: 19.12.2025
Order pronounced on: 19.01.2026
Hon'ble Dr. Chhabilendra Roul, Member (A)
Hon'ble Sh. Rajveer Singh Verma, Member (J)
Geetika
Aged about 33 years,
D/o Sh. Babu Lal Tamolia
R/o RZ-36A/4, Gali No.2, Chhatri Wala Marg,
Raj Nagar-I, Palam,
New Delhi-110077
Post: Junior Stenographer (English)
Post Code-47/12
Group:C
....Applicant
(By Advocate: Mr. Shubham Bahl for Mr. Anuj Aggarwal)
Versus
1. Delhi Subordinate Services Selection Board (DSSSB)
Through its Chairman
Govt. of NCT of Delhi,
FC-18, Institutional Area,
Karkardooma, Delhi-110092.
2. New Delhi Municipal Council (NDMC),
Through its Secretary,
Palika Kendra, Sansad Marg,
New Delhi-110001.
... Respondents
(By Advocate: Mr. Amit Yadav, Ms. Cauveri Birbal)
Digitally signed by Sunita Dutt
Sunita
DN: C=IN, O=Personal, T=8895, OID.2.5.4.65
=1f757d2a40f14493a01379dd12b26c68,
Phone=
f725f69527d0bd5de6796dc2b9018c93ad3f1f5
1d1ed688256e5ff8c529bbda4, PostalCode=
110089, S=Delhi, SERIALNUMBER=
2bdd79be8aca23c53c876d55428617a4c8cc9
Dutt
0ccfe14b22f74ffb78936ff8f7b, CN=Sunita Dutt
Reason: your signing reason here
Location: your signing location here
Date: 2026.01.19 17:23:04+05'30'
Foxit PDF Reader Version: 2023.2.0
2 OA No.1763/2021
ORDER
By Dr. Chhabilendra Roul, Member (A) The present Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:
"(i) set aside the impugned Result Notice No.747 dated 13.12.2018, to the extent it declares that the waiting list panel will be valid up to 1 year of declaration of result i.e. till 12.12.2019;
(ii) set aside the impugned Supplementary Result Notice No.859 dated 18.12.2019, issued by the Delhi Subordinate Services Selection Board (DSSSB) to the extent it declares that the waiting list panel will be valid up to 1 year of declaration of result i.e. till 12.12.2019;
(iii) set aside the impugned reply dated 27.07.2021 whereby it was declared that validity of waiting list panel has expired under the post Junior Stenographer (English) (Post Code:47/12) in the New Delhi Municipal Council (NDMC);
(iv) direct to the respondents to fill two (02) unfilled vacancies of Junior Stenographer (English) (Post Code:47/12) in the New Delhi Municipal Council (NDMC) out of total 16 posts in UR category as advertised by the Delhi Subordinate Services Selection Board (DSSSB) vide Notice/Advertisement No.02/12;
(v) direct the Respondent No.1 Delhi Subordinate Services Selection Board (DSSSB) to provisionally select the applicant, and, accordingly, forwarded her e-dossier to the User Department i.e. NDMC for the appointment on the post of Junior Stenographer (English) (Post Code:
47/12) in the New Delhi Municipal Council (NDMC);
(vi) direct the respondents to consider the candidature of the applicant for appointment on the post of Junior Stenographer (English) (Post Code:47/12) in the New Delhi Municipal Council (NDMC) and, after such consideration, appoint the applicant on the post of Junior Stenographer (English) (Post Code: 47/12) in the New Delhi Municipal Corporation (NDMC) with all the consequential benefits (monetary as well as non-monetary) thereof including seniority, fullback wages/salary, etc.;
(vii) issue any other order or direction as this Hon'ble Tribunal may deem fit and proper in the interest of justice and in the favour of the applicant; and Digitally signed by Sunita Dutt Sunita DN: C=IN, O=Personal, T=8895, OID.2.5.4.65 =1f757d2a40f14493a01379dd12b26c68, Phone= f725f69527d0bd5de6796dc2b9018c93ad3f1f5 1d1ed688256e5ff8c529bbda4, PostalCode= 110089, S=Delhi, SERIALNUMBER= 2bdd79be8aca23c53c876d55428617a4c8cc9 Dutt 0ccfe14b22f74ffb78936ff8f7b, CN=Sunita Dutt Reason: your signing reason here Location: your signing location here Date: 2026.01.19 17:23:04+05'30' Foxit PDF Reader Version: 2023.2.0 3 OA No.1763/2021
(viii) allow the present application with cost in favour of the applicant."
2. Factual Matrix 2.1 The Delhi Subordinate Services Selection Board (DSSSB), Respondent No.1, vide Advertisement Notice No.02/2012 invited applications for the post of Junior Stenographers (English), Post Code: 47/12 in the year 2012. The present applicant applied for the said post. The DSSSB conducted the written examination on 11.6.2017. Vide result notice dated 6.10.2017, the DSSSB declared the results of Tier-I examination and short listed 157 candidates for Tier-II skill test. The Tier-II skill test was conducted from 8.2.2018 to 11.2.2018. Vide result notice dated 23.7.2018, the DSSSB declared the results of skilled test and 47 candidates, including the present applicant, were asked to upload their e- dossiers. Vide Result Notice dated 13.12.2018, the DSSSB declared Results, provisionally selecting 16 candidates for the UR category. 12 candidates including the present applicant were kept in the waiting list. The result notice stated that the waiting list will be valid for one year, i.e. up to 12.12.2019. 2.2 Thereafter the New Delhi Municipal Corporation (MCD) returned the dossiers of 6 candidates to DSSSB and requisitioned dossiers of 6 more candidates before the expiry of the waiting list. The DSSSB declared the Results of 6 more candidates vide their Result Notice dated 18.12.2018. The Digitally signed by Sunita Dutt Sunita DN: C=IN, O=Personal, T=8895, OID.2.5.4.65 =1f757d2a40f14493a01379dd12b26c68, Phone= f725f69527d0bd5de6796dc2b9018c93ad3f1f5 1d1ed688256e5ff8c529bbda4, PostalCode= 110089, S=Delhi, SERIALNUMBER= 2bdd79be8aca23c53c876d55428617a4c8cc9 Dutt 0ccfe14b22f74ffb78936ff8f7b, CN=Sunita Dutt Reason: your signing reason here Location: your signing location here Date: 2026.01.19 17:23:04+05'30' Foxit PDF Reader Version: 2023.2.0 4 OA No.1763/2021 MCD, Respondent No.2 vide their Office Memo dated 20.5.2021, returned two more Dossiers with request of sponsoring 2 more candidates, 17 months after the expiry of the waiting list.
2.3 The present applicant submitted an RTI application to DSSSB on 29.6.2021, seeking information regarding the status of the requisition by MCD vide their memo No.20.5.2021. The DSSSB, vide their response to this RTI application replied that (Annexure-A13) validity of waitlist has already expired. Being aggrieved, the applicant served a legal notice dated 13.8.2021 through e-mail. However, she received no response to her legal notice. Being aggrieved, she has filed the present OA seeking the aforementioned relief.
3. Notices were issued to the respondents and they have filed their counter reply, to which the applicant has also filed his rejoinder.
4. Submissions by Learned Counsel for the Applicant 4.1 The learned counsel for the applicant states that the second result notice was issued on 18.12.2018, after the expiry of period of waiting list on 12.12.2018. Therefore, logically, the DSSSB kept the waiting list alive after the expiry period on 12.12.2018. Hence, they should have also operated the waiting list for further period till the 16 vacancies for UR category got filled up. As MCD, Respondent No.2 kept asking Digitally signed by Sunita Dutt Sunita DN: C=IN, O=Personal, T=8895, OID.2.5.4.65 =1f757d2a40f14493a01379dd12b26c68, Phone= f725f69527d0bd5de6796dc2b9018c93ad3f1f5 1d1ed688256e5ff8c529bbda4, PostalCode= 110089, S=Delhi, SERIALNUMBER= 2bdd79be8aca23c53c876d55428617a4c8cc9 Dutt 0ccfe14b22f74ffb78936ff8f7b, CN=Sunita Dutt Reason: your signing reason here Location: your signing location here Date: 2026.01.19 17:23:04+05'30' Foxit PDF Reader Version: 2023.2.0 5 OA No.1763/2021 for two more dossiers vide their communication dated 20.5.2021, the DSSSB should have sent dossiers of the candidates in the waiting list. The applicant was at merit list no.8 in the waiting list. Had the DSSSB sent her dossier, she would have got an opportunity of being selected and appointed for the said post. The DSSSB has discriminated against the present applicant by not extending the waiting period further in line with their previous decision of operating the waiting list far beyond the expiry of original waiting list on 12.12.2018.
4.2 In support of his averment, learned counsel for the applicant refers to judgment of the Delhi High Court in Delhi Subordinate Services Selection Board vs. Lokesh Kumar and ors., WP(C) No. 5236/2012 decided on 7.3.2013, wherein it was held:
"11. Before bringing the curtains down we wish to bring on record that the budget of the Delhi Subordinate Services Selection Board runs into crores of rupees every year. It is the duty of the Selection Board to ensure that as far as possible every vacancy notified to be filled up is filled up if eligible candidates are available. It does not sub-serve public interest if public post remains unfilled. We are finding in very second litigation being fought against the Selection Board that a panel is drawn up limited to the number of vacancies notified to the Selection Board by the Government of Delhi or autonomous bodies under the aegis of the Government of Delhi. The Selection Board does not scrutinize the certificates filed by the applicants before permitting them to take the competitive examinations. The result is that if 10 vacancies have to be filled up, a Select Panel of 10 is drawn up. Thereafter, the said 10 candidates are called for the certificate submitted by them to be verified. If any deficiency is found or noted in a certificate issued, the empanelled candidate is de- empanelled and the Board then takes a stand that since it has not drawn up a reserve list, it would not forward the Digitally signed by Sunita Dutt Sunita DN: C=IN, O=Personal, T=8895, OID.2.5.4.65 =1f757d2a40f14493a01379dd12b26c68, Phone= f725f69527d0bd5de6796dc2b9018c93ad3f1f5 1d1ed688256e5ff8c529bbda4, PostalCode= 110089, S=Delhi, SERIALNUMBER= 2bdd79be8aca23c53c876d55428617a4c8cc9 Dutt 0ccfe14b22f74ffb78936ff8f7b, CN=Sunita Dutt Reason: your signing reason here Location: your signing location here Date: 2026.01.19 17:23:04+05'30' Foxit PDF Reader Version: 2023.2.0 6 OA No.1763/2021 name of the next selected candidate who is also above the qualifying mark limit prescribed. Not only does this breed litigation but even results in public posts remaining unfilled. As in the instant case, the Delhi Jal Board urgently requires an Assistant Chemist and we have respondent No.1 as a selected candidate but yet the post is not being filled up because the Selection Board is refusing to send the dossier of respondent No.1 to the Delhi Jal Board. We make it clear that the decision to fill up or not fill up the vacancy cannot be the decision of the Selection Board, which is merely a recruiting agency. The employer is not the Selection Board. The office or the department of the Government which sends the requisition to the Selection Board would alone have the right to determine whether or not to fill up the vacancy. In future the Selection Board would forward the names of all candidates who have secured marks above the eligible cut-off mark to the office or the department which has sent the requisition to the Selection Board to conduct the examination. It would then be for the said department to decide whether or not it would like to have candidates in the wait list. This would ensure that it is the employer who would decide whether to fill up the vacancy from the wait listed candidate if the candidates in the select list are found either ineligible or do not respond to the letters offering appointment.
4.3 Referring to the aforementioned judgment by Hon'ble High Court of Delhi, the learned counsel for the applicant states that the indenting Department requisitioned the dossiers of two more candidates vide their Memo dated 20.5.2021. As the indenting department wanted to fill up remaining two posts for unreserved category from the waiting list, the DSSSB was bound to send the dossiers of two more waitlisted candidates to MCD, respondent No.2. DSSSB failed to do so and applying the ratio of the aforesaid judgment, it has discriminated against the present applicant who was at at S.No.8 of the waiting list, one of the two candidates whose dossier could have been sent to MCD.Digitally signed by Sunita Dutt
Sunita DN: C=IN, O=Personal, T=8895, OID.2.5.4.65 =1f757d2a40f14493a01379dd12b26c68, Phone= f725f69527d0bd5de6796dc2b9018c93ad3f1f5 1d1ed688256e5ff8c529bbda4, PostalCode= 110089, S=Delhi, SERIALNUMBER= 2bdd79be8aca23c53c876d55428617a4c8cc9 Dutt 0ccfe14b22f74ffb78936ff8f7b, CN=Sunita Dutt Reason: your signing reason here Location: your signing location here Date: 2026.01.19 17:23:04+05'30' Foxit PDF Reader Version: 2023.2.0 7 OA No.1763/2021 4.4 The learned counsel for the applicant further refers to the judgment of the Hon'ble High Court of Delhi in Delhi Subordinate Services Selection Board vs. Mohd. Vquar Khan, WP (C) No.4021/2024 decided on 18.3.2024 wherein the Hon'ble High Court upheld the decision of this Tribunal directing the respondents to offer appointment to the applicant in the OA as the respondents themselves took time to fill up the vacancies, depriving the waitlisted candidates' opportunities to submit their dossiers well before the expiry of the waiting list.
5. Submission by Learned Counsel for the Respondents
5.1 Relying on the counter affidavit filed by Respondent No.1, the learned counsel for the respondents refers to the letter dated 31.5.2013 from the Service Department of GNCTD. This letter, referring to a court judgment, has advised the DSSSB to draw a reserve list to the extent of 10% of the posts notified for recruitment and such list should be valid for one year. In response to this letter of the service department, the DSSSB vide their Notification dated 13.6.2013 issued similar policy decision. Again, the DSSSB further clarified/modified the above decision on 27.6.2018, citing the resolution of the Board of the DSSSB held on 7.5.2018.
Digitally signed by Sunita Dutt Sunita DN: C=IN, O=Personal, T=8895, OID.2.5.4.65 =1f757d2a40f14493a01379dd12b26c68, Phone= f725f69527d0bd5de6796dc2b9018c93ad3f1f5 1d1ed688256e5ff8c529bbda4, PostalCode= 110089, S=Delhi, SERIALNUMBER= 2bdd79be8aca23c53c876d55428617a4c8cc9 Dutt 0ccfe14b22f74ffb78936ff8f7b, CN=Sunita Dutt Reason: your signing reason here Location: your signing location here Date: 2026.01.19 17:23:04+05'30' Foxit PDF Reader Version: 2023.2.0 8 OA No.1763/2021 5.2 The learned counsel for the Respondents states that the operation of the waiting list for one year is as per the direction of the Service Department of GNCTD as well as its own Board decision dated 7.5.2018. Hence, the operation of waiting list for a period of one year is as per stated policy of the GNCT Delhi and the DSSSB. In the instant case, the DSSSB complied with the request of the MCD, Respondent No.2 in the first instance, as the dossiers of 6 more candidates were requisitioned prior to the expiry of the waiting list on 12.12.2019. There is no illegality in sending the dossiers of 6 candidates requisitioned prior to expiry of waiting period. On the other hand, the case of the present applicant is not on the same footing as the 6 candidates whose dossiers were requisitioned prior to expiry of waiting period. The applicant, who is a waitlisted candidate, is seeking consideration of her case, after expiry of the waiting list, which is against the stated policy of the GNCT as well as DSSSB. 5.3 In support of his averment, the learned counsel for the respondents cites the judgment of Hon'ble High Court of Delhi in Kavita Vs GNCTD & ors., WP (C) No. 13185/2019 decided on 13.12.2019. In the said case, the High Court upheld the decision of DSSSB to operate the waiting list for one year, which was earlier upheld by this Tribunal, and rejected the claim of the petitioner.
Digitally signed by Sunita Dutt Sunita DN: C=IN, O=Personal, T=8895, OID.2.5.4.65 =1f757d2a40f14493a01379dd12b26c68, Phone= f725f69527d0bd5de6796dc2b9018c93ad3f1f5 1d1ed688256e5ff8c529bbda4, PostalCode= 110089, S=Delhi, SERIALNUMBER= 2bdd79be8aca23c53c876d55428617a4c8cc9 Dutt 0ccfe14b22f74ffb78936ff8f7b, CN=Sunita Dutt Reason: your signing reason here Location: your signing location here Date: 2026.01.19 17:23:04+05'30' Foxit PDF Reader Version: 2023.2.0 9 OA No.1763/2021
6. Analysis 6.1 Here the applicant challenged the decision of the DSSSB, Respondent No.1 to operate the waiting list for the post code of 47/12 till 12.12.2019. However, the applicant has failed to offer any ground as to why the decision of the Service Department of Govt. of NCT of Delhi and DSSSB, operated across selection processes involving several examinations/tests, year after year, should be interfered. He has also failed to bring any violation of constitutional or statutory provision against operating the waiting list till one year. As, it has been rightly pointed out by the learned counsel for the respondents, Hon'ble High Court of Delhi in Kavita (supra) case has upheld the decision of DSSSB to operate the waiting list till one year. Though, the learned counsel for the applicant has cited the judgment of the Hon'ble High Court of Delhi in Lokesh Kumar (supra) case, the judgment of Hon'ble High Court of Delhi in Kavita (supra) is the latest. Moreover, the decision of GNCT Delhi dated 13.6.2013 and the DSSSB dated 7.5.2018 were not part of any issue in Lokesh Kumar (supra) case and hence, it is distinguished.
6.2 The learned counsel for the respondents has averred that the MCD, Respondent No.2, the indenting Organisation, though requisitioned the dossiers of 6 more candidates before the expiry of waiting list on 12.12.2019, the Respondent No. 1 Digitally signed by Sunita Dutt Sunita DN: C=IN, O=Personal, T=8895, OID.2.5.4.65 =1f757d2a40f14493a01379dd12b26c68, Phone= f725f69527d0bd5de6796dc2b9018c93ad3f1f5 1d1ed688256e5ff8c529bbda4, PostalCode= 110089, S=Delhi, SERIALNUMBER= 2bdd79be8aca23c53c876d55428617a4c8cc9 Dutt 0ccfe14b22f74ffb78936ff8f7b, CN=Sunita Dutt Reason: your signing reason here Location: your signing location here Date: 2026.01.19 17:23:04+05'30' Foxit PDF Reader Version: 2023.2.0 10 OA No.1763/2021 declared the results of 6 more candidates after 12.12.2019, and accordingly they should have sent the dossiers of two more candidates from the waiting list in response to requisition dated 20.5.2021. The nomenclature used by the DSSSB for the Result Notice dated 18.12.2019 appears to be a misnomer. The results and select list as well as the waiting list were already announced vide Result Notice No.747 dated 13.12.2018. Hence, the sending of 6 more dossiers after detailing their results on 18.12.2019 was the follow up of the said declaration. The minor technicality in the nomenclature of notice dated 18.12.2019 should not entitle the present applicant any right to get employment after expiry of the period of one year of the waiting list. The DSSSB has followed the policy of keeping the waiting list alive for one year and they were within their right not to send any further dossiers on request from MCD on 17.5.2021.
7. Conclusion 7.1 In view of the above analysis, we find that the present OA lacks merit and hence, it is dismissed. 7.2 No order as to costs.
8. Pending MAs, if any, shall also stand disposed of.
(Rajveer Singh Verma) (Dr. Chhabilendra Roul)
Member (J) Member (A)
'SD'
Digitally signed by Sunita Dutt
Sunita
DN: C=IN, O=Personal, T=8895, OID.2.5.4.65 =1f757d2a40f14493a01379dd12b26c68, Phone= f725f69527d0bd5de6796dc2b9018c93ad3f1f5 1d1ed688256e5ff8c529bbda4, PostalCode= 110089, S=Delhi, SERIALNUMBER= 2bdd79be8aca23c53c876d55428617a4c8cc9 Dutt 0ccfe14b22f74ffb78936ff8f7b, CN=Sunita Dutt Reason: your signing reason here Location: your signing location here Date: 2026.01.19 17:23:04+05'30' Foxit PDF Reader Version: 2023.2.0