YOGESH KUMAR vs DSSSB (GNCTD)

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Item No. 20 O.A. No. 4163/2026
Court No. IV

Central Administrative Tribunal
Principal Bench,
New Delhi

O.A. No . 4163/2026

nd
This the 22 Day of October, 2026

Hon’ble Mr. Manish Garg, Member (J)
Hon’ble Dr. Anand S Khati, Member (A)

YOGESH KUMAR,
Aged about 28 years,
S/o Naresh Kumar,
R/o-C-716, Delhi Administrative Flat,
Timarpur, Delhi – 110054.

…Applicant

(By Advocate: Mr. R. K. Shukla)

Versus

1. DELHI SUBORDINATE SERVICES SELECTION BOARD
Through its Secretary,
FC-18, Institutional Area,
Karkardooma, Delhi – 110092.
2. GOVERNMENT OF NCT OF DELHI
Through its Chief Secretary,
Delhi Secretariat,
I.P. Estate, New Delhi.
3. DIRECTORATE OF EDUCATION
Government of NCT of Delhi,
Old Secretariat,
5, Sham Nath Marg,
Civil Lines, Delhi.


…Respondents

(By Advocate: Mr. Amit Anand)


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Item No. 20 O.A. No. 4163/2026
Court No. IV

ORDER (ORAL)
Hon’ble Mr. Manish Garg, Member (J) :

By way of the present O.A. the applicant has prayed for the following
reliefs:-
“I. To quash and set aside the impugned public notice dated 17.09.2026
which provides submission of PWD certificate as on 18.11.2022. The said
notification should be declared illegal to that extent.
II To direct the respondents to fix cut of dates of submission of PWD
certificate on or before 22.10.2026.
III. To direct the respondents to consider the candidature of the applicant
under the PWD quota along with OBC quota in terms of advertisement
dated 14.10.2022 and it may be further observed that applicant is entitled
to be considered under PWD quota subject to verification of the PWD
certificate at the time of document verification in the interest of justice.
IV To pass any other and further order which this Hon’ble tribunal may
deems fit and proper under the facts and circumstances of the case.”
2. The applicant has filed the present O.A. seeking quashing of the
public notice dated 17.09.2026, to the extent that it prescribes 18.11.2022 as
the cut-off date for submission of the Persons with Disabilities (PwD)
certificate. The applicant further seeks a direction to the respondents to
accept his candidature under the PwD quota in addition to the OBC category
for the post of Physical Education Teacher (Post Code 41/22), pursuant to
Advertisement No. 08/22 dated 14.10.2022.
2.1. Learned counsel for the applicant submits that the applicant had
initially applied under the OBC category, as no PwD reservation had been
notified for the post at the relevant time. Upon issuance of the subsequent
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Item No. 20 O.A. No. 4163/2026
Court No. IV

public notice, the applicant obtained a disability certificate on 19.10.2026
and sought to apply under the PwD category. However, his attempt was
unsuccessful as the online portal reflected that he had already applied under
the OBC category. It is contended that, since the opportunity to apply under
the PwD category was provided only in September 2026, the respondents
ought to have permitted submission of the disability certificate up to
22.10.2026, being the last date for submission of applications under the
subsequent notice.
3. The respondents, in their reply, have opposed the claim of the
applicant and justified the impugned public notice and the conditions
prescribed therein. Their stand, in substance, is that the recruitment process
is governed by the notified terms and conditions, including the prescribed
cut-off date, and that the candidature of an applicant is required to be
considered in accordance with the applicable eligibility criteria and
recruitment rules.
4. We have heard learned counsel for the parties and perused the
material available on record.
5. ANALYSIS :
5.1. The principal issue for consideration is whether the applicant, on the
strength of a disability certificate issued on 19.10.2026, can claim a right to
be considered under the PwD category in a recruitment process initiated
pursuant to Advertisement No. 08/22 dated 14.10.2022.
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Item No. 20 O.A. No. 4163/2026
Court No. IV

5.2. It is not in dispute that the applicant initially submitted his
application under the OBC category and that the disability certificate relied
upon by him was issued in October 2026. The contention that the applicant
was suffering from a disability prior to the original cut-off date, even if
raised, would require substantive supporting material to establish the
relevant facts in accordance with the applicable recruitment requirements.
5.3. The subsequent issuance of a disability certificate, by itself, does not
establish that the applicant fulfilled the prescribed conditions for
consideration under the PwD category as on the relevant date. Equally, the
subsequent opening of the portal for PwD candidates does not, in the
absence of any provision to that effect, automatically confer a right upon the
applicant to seek alteration or addition of a reservation category contrary to
the prescribed terms and conditions. The applicant has, therefore, failed to
establish any right warranting interference by this Tribunal.
6. CONCLUSION :
6.1. In view of the foregoing discussion, we find no sufficient ground to
grant the reliefs sought by the applicant. The O.A. is accordingly dismissed.
6.2. Pending M.A.(s), if any, shall stand disposed of. No order as to costs.


(Dr. Anand S Khati) (Manish Garg)
Member (A) Member (J)

/as/
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