Age relaxation and participation for 2009 applicants in subsequent recruitment processes.

The applicants filed the present O.A. seeking directions for the Delhi Subordinate Services Selection Board (DSSSB) to hold examinations for Post Code 90/09, Grade-II (DASS) Head Clerk, and to complete the recruitment process

The recruitment process, initiated via Advertisement No. 004/2009, remained inconclusive for years due to repeated litigations and administrative decisions

The applicants participated in the earlier stages and had a legitimate expectation that the process would conclude.

However, due to prolonged delays and fresh notifications, they apprehended becoming overage and being deprived of the opportunity to compete

Reliance was placed on the judgment in Ajay Kumar & Ors. Vs. Delhi Subordinate Services Selection Board (DSSSB) & Anr., Writ Petition (Civil) No. 901/2025, where the Hon'ble Apex Court addressed an identical grievance concerning the same recruitment process

1. Whether the Delhi Subordinate Services Selection Board (DSSSB) should be directed to hold the examination for Post Code 90/09, Grade-II (DASS) Head Clerk, pursuant to the notification dated 10/11/2023, expeditiously and within a specified timeframe

2. Whether the recruitment process for Post Code 90/09, Grade-II (DASS) Head Clerk, should be completed within a specified timeframe

3. Whether the applicants, who were part of the 2009 recruitment process, should be permitted to participate in the fresh selection process initiated by notification dated 20.02.2026 with age relaxation, similar to the directions in Ajay Kumar & Ors. Vs. DSSSB & Anr.

The court primarily applied the principle of legitimate expectation, acknowledging that candidates who applied for a recruitment process and waited for a long period without fault should not be denied the opportunity to compete due to administrative delays or subsequent cancellations

This principle was specifically affirmed and applied by the Hon’ble Supreme Court in Ajay Kumar & Ors. Vs. Delhi Subordinate Services Selection Board (DSSSB) & Anr., Writ Petition (Civil) No. 901/2025, which held that equity required allowing such candidates to participate in subsequent selection processes with appropriate age relaxation

The Supreme Court's order in Ajay Kumar & Ors. was referenced as an "authoritative pronouncement" squarely covering the issue at hand

The court noted that the grievance of the applicants directly mirrored that addressed by the Hon'ble Supreme Court in Ajay Kumar & Ors. Vs. DSSSB & Anr.

In Ajay Kumar, the Supreme Court recognized that applicants from the 2009 recruitment process had legitimate expectations and had been waiting for a long period due to no fault of their own

To balance equities, the Supreme Court permitted those applicants to participate in the fresh selection process initiated by notification dated 20.02.2026, granting relaxation of age

Crucially, the Supreme Court extended this benefit to all persons who were applicants in the 2009 exercise, not just the petitioners in that specific case

Given this binding precedent, the present O.A.'s issues were deemed to be covered by the Supreme Court's decision

The court directed that if the applicants were part of the recruitment process initiated by Advertisement No. 004/2009, they shall be permitted to participate in the selection process initiated by the latest notification dated 20.02.2026 (or any corresponding recruitment)

For this participation, the respondents are to extend appropriate relaxation in age, in line with the principle laid down by the Hon'ble Supreme Court in W.P. (C) No. 901/2025

However, the applicants must satisfy all other eligibility conditions and their participation does not confer a right to appointment

If any applicant was not part of the 2009 recruitment, they are not entitled to this benefit

The court made no order as to costs