Facts
The applicants, belonging to the SC category, applied for the post of Supervisor Grade II (Female), Post Code 212/14, and qualified the written examination held on 05.03.2017
Source reference: p. 2, 8While Advertisement No. 2/14 originally stated successful candidates would be called for physical document verification after the result, the Respondents issued a subsequent Notice on 27.04.2017 requiring candidates to upload "e-dossiers" (electronic documents) between 27.04.2017 and 12.05.2017
Source reference: p. 4, 5, 7The applicants failed to upload their documents within this window, leading to their exclusion from the final Result Notice dated 06.06.2017
Source reference: p. 7The applicants challenged this exclusion, claiming they received no individual intimation and that the procedure was altered midway
Source reference: p. 5The Respondents contended that SMS alerts were sent to the applicants' registered mobile numbers
Source reference: p. 10Issues
1. Whether the rejection of candidature for non-submission of e-dossiers within the prescribed period is sustainable when the recruiting authority claims to have sent intimations via SMS
Source reference: p. 112. Whether the lack of individual physical notice constitutes a violation of Article 14 and 16 given the change in verification procedure
Source reference: p. 5-6, 12Law Applied
The Tribunal relied on the principles established by the Delhi High Court in GNCTD v. Sarita & Anr. (W.P.(C) 12996/2024), which held that if a recruiting agency adopts electronic communication (SMS/Email), it assumes the burden of proving effective dispatch; however, if electronic records (like OARS portal logs) show timely dispatch to undisputed contact details, the candidate cannot claim lack of notice
Source reference: p. 11-12It also referenced Vishal Singh Tanwar v. GNCTD regarding the validity of the electronic verification process
Source reference: p. 7Reasoning
The Tribunal examined the Respondents’ additional affidavit, which provided specific timestamps and mobile numbers for the SMS alerts sent on 28.04.2017
Source reference: p. 10It noted that the applicants did not dispute the accuracy of the mobile numbers provided in the official records
Source reference: p. 11The Tribunal found the applicants’ subsequent denial of receiving the SMS to be an "evasive attempt to improve their case," which was inconsistent with their earlier pleadings
Source reference: p. 10Applying the precedent from Sarita & Anr., the Tribunal reasoned that since the electronic records (OARS portal status) demonstrated that SMS alerts were successfully dispatched at the commencement of the upload period and the candidates failed to monitor the official website as per general instructions, the responsibility for the lapse rested with the applicants
Source reference: p. 11-12Holding
The Tribunal found no infirmity in the Respondents' actions and held that the case was squarely covered by the Delhi High Court's ruling in GNCTD v. Sarita & Anr.
The Tribunal dismissed the Original Application, concluding that the applicants were duly intimated via SMS and their failure to comply with the e-dossier requirement justified the rejection of their candidature. All interim protections were vacated
Source reference: p. 12Original Court PDF
Nidhi KumarivsGovt. Of Nctd
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