The main legal point established in the judgment is that failure to submit documents within the specified period can have consequences, and the selection process should be fair and transparent.

JUDGMENT

V. Kameswar Rao, J. (Oral)

CM APPL. 44010/2023 (for exemption)

Exemption allowed subject to all just exceptions.

Application stands disposed of.

W.P.(C) 11325/2023, CM APPL. 44011/2023

1. The challenge in this writ petition is to an order dated May 19, 2023, passed by the Central Administrative Tribunal Principal Bench, New Delhi (`Tribunal', for short) in Original Application No.2747/2017 (`OA', for short) whereby the Tribunal has allowed the OA by stating as under:

"7. Conclusion:

7.1 In view of the foregoing discussion, following the decision of this Tribunal in Manisha (supra), we allow the OA and quash and set aside the impugned Corrigendum dated 27.06.2017. The respondent-DSSSB are directed to accept the documents of the applicant in the form of hard copy, verify them and if it is found that she is eligible in terms of her merit position as well as on the basis of her documents, then recommend her claim for appropriate appointment to the User Department. This exercise shall be completed by the respondents within a period of four weeks from the date of receipt of certified copy of this order. OA is allowed in aforesaid terms. No order as to costs.

7.2 Interim order as granted on 18.08.2017 is made absolute.

7.3 All pending MAs are disposed of."

2. The submission of Mr. Gaurav Dhingra, learned counsel for the petitioners is that the Tribunal could not have given the direction to accept the documents of the respondent in the form of hard copy, verify them and if she is found eligible, then recommend her claim for appropriate appointment to the User Department.

3. The subject matter of the selection was in respect of certain posts under the Government of National Capital Territory of Delhi which process was conducted by the Delhi Subordinate Services Selection Board (DSSSB) one of the petitioners herein. The post in question is Supervisor Grade-II (code 212/14 reserved for female candidates) under Scheduled Caste category.

4. The respondent appeared in the examination and qualified the same. The result of the respondent was intimated to her that she has been shortlisted for the post code 212/2014 and was accordingly directed to upload her e-Dossier.

5. The stand of the respondent as noted by the Tribunal was that she uploaded her e-Dossier for verification of her documents through online mode on May 12, 2017, but due to some technical error in the server of DSSSB the documents could not be uploaded. She did try to upload her e-Dossier again but could not upload the same despite repeated efforts.

6. Thereafter, she had approached the petitioners herein requesting them to accept the documents for verification, but she was suggested to submit the same through speed post, which she did. It is noted that Result Notice No.149 dated June 06, 2017, where the name of respondent did appear at serial No.4 under SC category in the merit list was prepared by the petitioners.

7. Simultaneously, the petitioners have also issued Rejection Notice No.150 dated June 06, 2017, wherein the candidature of the respondent was not rejected.

8. It was the case of the respondent that being shortlisted for appointment, she was waiting for offer of appointment but to her utter surprise the petitioners in between have issued the impugned order dated June 27, 2017, through online mode and deleted the name of the respondent which was available at serial No.4 under SC category in the Result Notice dated June 06, 2017, without assigning any reason. This makes the respondent to file OA before the Tribunal. In support of her claim, the respondent had relied upon the judgment of the Tribunal in the case of Manisha v. GNCT of Delhi & Ors., OA No.4042/2017, decided on October 29, 2018.

9. The case of the petitioners before Tribunal was that a general notice was published on the website of the Board informing them that marks list has been uploaded on the website and the shortlisted candidates to download the check-list and the Annexure `A' and `B' and dul