Facts
The Delhi Subordinate Services Selection Board (DSSSB) advertised vacancies for the post of TGT (Natural Science) (Female), Post Code 36/21, on May 12, 2021, with a final application cut-off date of July 4, 2021
Source reference: para. 2.1The applicant applied under the Economically Weaker Section (EWS) category and was shortlisted for document verification
Source reference: para. 2.2–2.3However, her candidature was rejected via Rejection Order No. 129 dated April 26, 2022, because her EWS certificate (dated October 7, 2021) was issued after the prescribed cut-off date
Source reference: para. 2.5The applicant contended that the delay was due to administrative disruptions caused by the COVID-19 pandemic
Source reference: para. 2.6–2.7During the proceedings, it emerged that the certificate was also issued by an authority outside the territorial jurisdiction of the Government of NCT of Delhi (GNCTD)
Source reference: para. 4.2Issues
1. Whether an EWS certificate issued after the prescribed cut-off date, due to pandemic-related delays, can be considered valid for reservation benefits
Source reference: para. 2.5, 3.12. Whether a reservation certificate issued by an authority outside the territorial jurisdiction of GNCTD satisfies the mandatory recruitment conditions
Source reference: para. 4.3Law Applied
The court primarily applied the Office Memorandum dated January 31, 2019 (No. 36039/1/2019-Estt.(Res)) issued by the DoPT, which stipulates in paragraph 5.3 that the "crucial date" for submitting income and asset certificates is the closing date for receipt of applications
Source reference: para. 3.1It further relied on Clause 6 of Advertisement No. 02/21, which mandates that reservation benefits are subject to circulars issued by the GNCTD and that relevant certificates must be issued by the competent/notified authority on or before the cut-off date
Source reference: para. 4.3Reasoning
The Tribunal analyzed the interplay between the recruitment advertisement's terms and the applicant's documentation. It observed that Clause 6 of the advertisement is mandatory, requiring candidates to possess valid certificates from a competent authority of the GNCTD by the closing date
Source reference: para. 4.3The court found that the applicant’s certificate failed on two counts: first, it was issued after the July 4, 2021 cut-off; and second, it was issued by an authority outside the territorial jurisdiction of the GNCTD
Source reference: para. 2.5, para. 4.2The Tribunal reasoned that while the COVID-19 pandemic caused genuine hardships, such circumstances cannot justify relaxing essential eligibility conditions that are explicitly prescribed in recruitment rules and go to the "root of the matter"
Source reference: para. 4.5Deviating from these rules would effectively amount to "altering the rules of the game" after the process had commenced
Source reference: para. 3Holding
The Tribunal answered the issues in the negative, holding that the applicant was not entitled to the reservation benefits as the certificate was both belated and issued by an improper jurisdiction
Consequently, the applicant was correctly considered under the Unreserved (UR) category, where her marks fell below the required cut-off. The Original Application was dismissed, and all pending applications were disposed of with no order as to costs
Source reference: para. 3.2, para. 5–7Original Court PDF
Anjali SoamvsGNCTD
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