O.A. Subject to Outcome of Pending High Court Writ Petition.

The applicant, Ishu Shokeen, whose candidature for the post of 'Special Educator (Primary)' (Post Code 15/17) in MCD was rejected on 12.07.2019 for not uploading her E-dossier within the stipulated time, filed the present Original Application seeking similar relief granted to other candidates.

Three other candidates, whose candidatures were similarly rejected on 12.07.2019, made a representation dated 07.09.2020 to DSSSB and subsequently filed C.M. No. 22861/2020 in W.P. (C) No. 9040 of 2019 to consider their candidature in terms of granted relaxation.

Additionally, two more identically placed candidates filed C.M. No. 25471/2020 in W.P. (C) No. 9040 of 2019 on 25.09.2020, seeking similar relief.

The relief granted to these six applicants was based on the decision of this Tribunal in O.A. No. 1342/2020, which is currently challenged before the Hon’ble High Court of Delhi in Writ Petition (C) No. 2227 of 2025, where a stay on the operation of the Tribunal's order has been granted.

The applicant in the present O.A. did not file any appeal during the hearing of W.P. (C) No. 9040/2019.

Whether the Respondent No.1 DSSSB should be directed to consider the candidature of the applicant, Ishu Shokeen, for the post of 'Special Educator (Primary)' in MCDs (Post Code 15/17) in terms of relaxation granted vide Order dated 13.03.2020, letter dated 08.07.2020, and order dated 27.10.2021.

Whether the present matter should be made subject to the outcome of a similar case pending before the Hon'ble High Court of Delhi.

The Administrative Tribunals Act, 1985, Section 19, allows for the filing of original applications seeking reliefs.

The principle of judicial comity and efficiency dictate that where a similar matter involving identically placed parties is sub-judice before a higher court, the present matter should be made subject to the outcome of the higher court's decision, especially when a stay order has been granted.

The court noted that the applicant's request to direct DSSSB to consider her candidature was based on relaxations previously granted and relief provided to six other identically placed candidates.

However, the relief granted to those six candidates stemmed from an order in O.A. No. 1342/2020, which is currently under challenge in Writ Petition (C) No. 2227 of 2025 before the Hon’ble High Court of Delhi.

Crucially, the High Court has granted a stay on the operation of the order in O.A. No. 1342/2020.

The court recognized that the applicant in the present O.A. is "identically placed" with the applicants in O.A. No. 1342/2020.

Therefore, without delving into the merits of the applicant's case, the Tribunal deemed it appropriate to dispose of the present application by making it contingent on the outcome of the ongoing High Court proceedings, thus avoiding contradictory judgments or premature relief.

No order as to costs was made.