30/12/2022
15 December 2022
Central Administrative Tribunal (CAT), Delhi
Appointment on the post of PGT (Computer Science) - Rejection of candidature on account of failure to upload the correct Experience Certificate in the e-dossier – CAT directed the DSSSB/Delhi Government to issue appointment letter with 25% back salary
In the year 2017, Ms. Khushboo Singhal applied for appointment on the post of PGT (Computer Science) Female (Post Code 151/17). She had all the requisite qualifications, including 1 year teaching experience, as required in the Advertisement. Ms. Singhal had experience of teaching in the following 2 schools: -
1. The Cambridge International School = 11 Months and 25 days experience
2. Mamta Modern Sr. Sec. School = 1 Year 2 months and 25 days experience
Ms. Khushboo Singhal appeared in the written examination and was shortlisted for uploading the e-dossier. However, at the time of uploading the e-dossier, Ms. Singhal inadvertently uploaded her experience certificate of Cambridge International School, which was less than 1 year teaching experience.
On 27.03.2019, DSSSB rejected the candidature on the ground that the applicant had uploaded an experience certificate wherein the teaching experience was less than 1 year.
Being aggrieved, Ms. Singhal filed an Original Application [OA No. 1359/2019] before the CAT. She, inter alia, contended that other candidates were given 2nd opportunity to upload the deficient documents but no such opportunity was given to her. She contended that the action on the part of DSSSB was discriminatory and in violation of Article 14 of the Constitution of India.
Vide Order dated 15 December 2022, CAT held as under: -
“12. In the light of the aforesaid decision, wherein the Hon’ble High Court of Delhi has itself dealt with the issue No. 1 that second opportunity has not been given to the applicant qua the rejection of the claim, though it was given to other candidates as highlighted above which is itself arbitrary and discriminatory in nature as well as irrational. The said aspect has been dealt in para 9 of the aforesaid decision. Even otherwise, the principle of natural justice has grossly been violated inasmuch as can be seen for the Rejection Order itself the representations of the applicant have not been dealt with and as such principle of natural justice have not been followed.
13. In that view of the matter, the OA is allowed. The respondents are directed to consider the candidature of the applicant for appointment to the post of PGT (Computer Science) Female, Post Code 151/17 and issue necessary order of appointment subject to verification of the aforesaid certificate, if found, in order and also compliance of other procedural formalities in the unreserved category. However, it is directed that the applicant shall not be entitled to any arrears of pay. The Appointment Order should be issued within a period of three months of receipt of a certified copy of the order, failing which the applicant shall also be entitled to 25% of the arrears of salary. The OA is also allowed with all consequential benefits (such as emoluments) thereto. No order as to costs.”
https://advocateanujaggarwal.com/advocateadmin/img/Finalist/2022123016724076832022%20CAT%20-%20Khushboo%20Singhal.pdf
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https://judgmentslaw.blogspot.com/2022/12/appointment-on-post-of-pgt-computer.html
Anuj Aggarwal
Advocate
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New Delhi - 110014
483, Block-2, Lawyers Chambers,
Delhi High Court, New Delhi-110003
Mobile – 9891403206
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15 December 2022 Central Administrative Tribunal (CAT), Delhi Appointment on the post of PGT (Computer Science) - Rejection of candi...
