Facts
DSSSB advertised the post of Special Educator (Primary), MCD, Post Code 15/17.
Source reference: no citationThe applicant sat the written examination and was allotted Roll No. 2280001110. She relied on a result record showing 81.75 marks and shortlisting, and stated that she uploaded her e-dossier when required.
Source reference: para. 2–4DSSSB later rejected her candidature, stating that the appropriate circles for her Roll Number, Question Booklet Number and post-code preferences had not been shaded correctly.
Source reference: para. 8, 10–14DSSSB maintained that she had incorrectly bubbled the last digit of her Roll Number, preventing the system from identifying her answer sheet.
Source reference: para. 8, 10–14The applicant challenged the rejection before the Tribunal. DSSSB disputed her claim and relied, among other things, on Neetu Yadav v. DSSSB & Ors.
Source reference: para. 15–17Issues
1. Whether DSSSB could reject the applicant’s candidature for incorrect bubbling of her Roll Number after the record showed that her answer sheet had been evaluated, marks generated and reflected, and her candidature shortlisted for e-dossier submission.
Source reference: para. 24–282. Whether setting aside the rejection entitled the applicant to appointment, or instead required DSSSB to reassess her candidature under the applicable selection criteria.
Source reference: para. 35–38Law Applied
Candidates are ordinarily required to comply with examination authorities’ OMR instructions, including correctly shading the relevant circles; the authority may prescribe such instructions and apply them uniformly.
Source reference: para. 26However, as the Tribunal understood the Delhi High Court’s decision in Kusum Gupta v. Delhi Subordinate Services Selection Board & Anr., W.P.(C) No. 1282/2025, an alleged bubbling error must be considered in light of what actually happened to the answer sheet: rejection solely on that ground is not sustainable mechanically where the sheet was in fact evaluated, marks were generated and the candidate proceeded further in the selection process.
Source reference: para. 29–30A candidate does not acquire an indefeasible right to appointment merely by securing marks; eligibility, merit position, vacancy availability and other applicable selection conditions remain relevant.
Source reference: para. 35Reasoning
The Tribunal accepted that the examination instructions required correct bubbling, but treated the decisive question as whether the applicant’s answer sheet had actually been processed.
Source reference: para. 26–27The applicant produced a result record showing 81.75 marks and shortlisting, and the respondents did not provide sufficient material to establish that those marks did not relate to her or that her answer sheet had never been evaluated. Her subsequent permission to upload an e-dossier supported that conclusion.
Source reference: para. 28, 31Applying Kusum Gupta, the Tribunal distinguished a sheet that could not be evaluated from one that had been evaluated and generated a result; it therefore found Neetu Yadav did not alter the outcome on these facts.
Source reference: para. 30, 33Holding
The Tribunal allowed the application and quashed Rejection Notice No. 362 dated 6 March 2019 insofar as it concerned the applicant.
It directed DSSSB to process her candidature on the basis of the marks in the record and the applicable recruitment rules and merit position.
Source reference: para. 38Appointment was conditional on her being otherwise eligible and her marks being sufficient under the selection criteria; the exercise was to be completed within eight weeks.
Source reference: para. 38She was not entitled to salary and allowances for the period she had not served, and any claim to seniority or other consequential benefits was to be considered under the applicable rules and appointment terms.
Source reference: para. 39No order as to costs was made.
Source reference: para. 41Original Court PDF
Diksha MathurvsDelhi Subordinate Services Selection Board
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