Central Administrative Tribunal - Delhi
Manisha vs Govt. Of Nctd on 29 October, 2018
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No.4042/2017
M.A.No.4140/2018
Monday, this the 29th day of October 2018
Hon'ble Mr. K.N. Shrivastava, Member (A)
Hon'ble Mr. S.N. Terdal, Member (J)
Manisha
d/o Sh. Ishwar Singh
r/o H.No.38, Madhav Enclave
Khaira Road, Najafgarh, New Delhi - 110 043
Aged about 25 years
(Group C)
Candidate to the post of TGT (Computer Science
..Applicant
(Mr. Ajesh Luthra, Advocate)
Versus
1. GNCT of Delhi
Through its Chief Secretary
5th Level, A Wing
Delhi Secretariat
IP Estate, New Delhi
2. Delhi Subordinate Services Selection Board
Through its Secretary
F-18, Karkardooma Institutional Area
New Delhi
3. Directorate of Education
Through its Director
(GNCT of Delhi)
Old Secretariat, Delhi - 110 054
..Respondents
(Mr. Anuj Kumar Sharma, Advocate)
O R D E R (ORAL)
Mr. K.N. Shrivastava:
Pursuant to Annexure A-2 Advertisement No.01/14 of Delhi Subordinate Services Selection Board (DSSSB) - respondent No.2, inviting 2 applications for various posts, including the post of TGT (Computer Science) - Post Code 192/2014, the applicant applied for the said post. It is stated that she cleared the written examination. In terms of paragraph 7 (VI) (documents/certificates) of the Advertisement, the successful candidates were required to be called for verification of documents together with hardcopy of printout of online application and copy of challan.
2. The respondents, in their reply, have stated that a general notice was put on the website of DSSSB informing the shortlisted candidates to download the checklist and upload their duly filled-in e-dossiers between 28th July to 10th August, 2017. It is further stated that the time for uploading the e-dossiers was extended up to 16.08.2017 vide notice dated 09.08.2017 and thereafter further extended up to 25.08.2017 vide notice dated 16.08.2017. It is also stated that the shortlisted candidates were invariably informed through SMS on their registered mobile numbers. The applicant's contention is that she never got any SMS and that she was under
the impression that the documents verification would be through hardcopy as stipulated in the Advertisement Notice.
3. Arguments of learned counsel for the parties heard briefly. It is not in dispute that the requirement of uploading e-dossiers by the shortlisted candidates was not initially stipulated in the Advertisement Notice as such.
Such requirement was stipulated by the DSSSB later. We also notice that a large number of shortlisted candidates have uploaded their e-dossiers in time as they might have been watchful of the DSSSB's website on regular basis. The applicant has somehow missed out. It is not in dispute that the applicant is in the list of shortlisted candidates. 3
4. In view of the peculiar facts and circumstances of this case and in the interest of justice for this small mistake, the applicant should not be made to lose her substantive right of getting employment after she has cleared the written examination.
5. In the conspectus, we direct the DSSSB to accept the documents of the applicant in hardcopy, verify them and if it finds that the applicant is eligible in terms of her merit position as well as on the basis of her documents, then recommend her claim for appropriate appointment to the user Department. This shall be done within a period of four weeks from the date of receipt of a copy of this order.
6. Accordingly, the O.A. stands allowed. No costs.
7. In view of the aforesaid order, all ancillary Applications shall stand disposed of.
( S.N. Terdal ) ( K.N. Shrivastava ) Member (J) Member (A) October 29, 2018 /sunil/