CAT - Delhi

Persistent non-appearance of applicants warrants dismissal of the application for non-prosecution.

SUMAN vs GNCTD

CAT - DelhiJUDGMENT: March 25, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicants, a group of 29 individuals seeking appointment as TGT (Sanskrit) Female, filed an Original Application (O.A.) against the Government of NCT of Delhi, the Directorate of Education, and the Delhi Subordinate Service Selection Board (DSSSB)

Source reference: p. 1-4

The procedural history indicates a pattern of "erratic" appearances by the applicants

Source reference: p. 5

Specifically, neither the applicants nor their legal counsel appeared during previous hearings scheduled on 06.11.2026, 29.01.2026, and 24.03.2026

Source reference: p. 5

On the final date of hearing, 25.03.2026, there was again no appearance on behalf of the applicants, nor was any request made for a pass-over

Source reference: p. 5
02

Issues

1. Whether the Original Application is liable for dismissal due to the persistent non-appearance and lack of prosecution by the applicants

Source reference: p. 5
03

Law Applied

The Tribunal applied the procedural doctrine of "Dismissal for Non-Prosecution."

Source reference: p. 5

This principle allows a court or tribunal to dismiss a matter in default when the initiating party fails to appear or demonstrate an interest in pursuing the litigation.

Source reference: p. 5

The Tribunal exercised its inherent power to maintain the efficiency of the judicial process by clearing dockets of abandoned claims

Source reference: p. 5
04

Reasoning

The Tribunal analyzed the conduct of the applicants throughout the proceedings, noting that their representation had been consistently absent during several key hearing dates in 2026

Source reference: p. 5

By observing the absence of both the applicants and their counsel on four separate occasions, including the final hearing where no pass-over was requested, the Tribunal reached the factual conclusion that the applicants had "lost interest in pursuing the matter"

Source reference: p. 5

The court linked this lack of diligence to the necessity of dismissing the case, as the adjudicatory process cannot proceed effectively without the participation of the claiming party

Source reference: p. 5
05

Holding

The Tribunal held that the O.A. must be dismissed in default and for non-prosecution on behalf of the applicants

Consequently, all pending Miscellaneous Applications (MAs) were disposed of, and the Tribunal ordered no costs to be settled

Source reference: p. 5
CAT - Delhi

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SUMANvsGNCTD

CAT - Delhi · March 25, 2026

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