By Hon’ble Mrs. Pratima K. Gupta, Member (J):-

The applicants, 15 in number, applied to the post of

Patwari, in response to an Advertisement No.3/13 dated

12.09.2013 issued by the respondents, Govt. of NCT of

Delhi. However, the said advertisement was cancelled

vide Notice dated 09.02.2015. After amending the RRs,

the vacancies for the same post i.e. Patwari were re-

advertised vide Advertisement No.02/17. The applicants

since being eligible, applied for the same. After clearing

different stages of selection, in the final result the

applicants roll numbers found place in the final result

notice dated 31.12.2019 and supplementary result was

declared on 29.06.2020. Offer of appointments were

also sent to the applicants during November, 2020 to

October, 2021 and they were called for documents

verification. Being successful in documents verification,

they were called for Medical Examination. All the

applicants were subjected to Medical examination and

their fitness reports were received by the respondents

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on 15.06.2022. However, the respondent No.2 instead

of issuing appointment letters to the applicants,

appointed the other candidates possessing the lesser

merit in an arbitrary manner. Aggrieved by the same,

the

applicants

preferred

various

representations

followed by reminders, including the latest one dated

05.07.2021 that turned into a futile exercise as there

was no response to the representations. Accordingly,

the applicants No.1to13 approached this Tribunal in OA

No.3642/2022. During the pendency of the said OA,

the

respondents

issued

order

dated

03.02.2023,

cancelling the candidature of the applicants in complete

violation of the principles of natural justice, on the

ground that the applicants do not fulfill the criteria of

essential qualification i.e. one year diploma course in

computer from Govt. recognized institution. In view of

the developments, during the pendency of the OA

No.3642/2022, the applicants withdrew the said OA on

22.02.2023 with liberty to them to file a fresh OA,

challenging the order dated 03.02.2023. Hence, the

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instant OA has been filed by the applicants, ventilating

their grievances, seeking the following relief(s) :-

“i)

To quash and set aside the

impugned orders dated 03.02.2023 (A-1

Colly) and direct the respondents to

appoint the applicants as Patwari as per

their merit and offer of appointment with

all

consequential

benefits

including

arrears of pay and seniority etc. from the

date of appointment of similarly placed

persons appointed and posted vide order

dated 03.06.2022.

ii) To declare that action of respondents in

delaying the appointment of applicants to

the post of Patwari as illegal and arbitrary

and

issue

appropriate

directions

for

appointment of applicants to the said post

of Patwari with all consequential benefits

including arrears of pay.

iii)To declare the action of respondents in

not appointing the applicants to the post

of Patwai by accepting their qualification

of B.Tech. (IT) (ECE & Computer Science)

as well as BCA/MCA etc. as valid by

following the same analogy as followed in

case of similarly placed persons appointed

as Patwari and posted vide order dated

03.06.2022 as well as 31.05.2022 as

illegal and direct the respondents to

appoint the applicants to the post of

Patwari by treating them eligible for the

said post on the basis of qualification

possessed by the applicants.

iv) To allow the OA with exemplary cost.

v) Any other orders may also be passed as

this Hon‟ble Tribunal may deem fit and

proper

in

the

existing

facts

and

circumstances of the case.”

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2.

The grounds urged by the learned counsel for the

applicants in support of the claim of the applicants are:

(i)

The candidature of the applicants has been

cancelled for want of essential qualification i.e. one

year diploma course in computer education from

Government recognized institute. He submits that

as there was no Govt. recognized institution that

provides one year of diploma, the applicants could

not