Central Administrative Tribunal Principal Bench, New Delhi O.A. No. 3526/2022 This the 12^th day of January, 2026 Hon’ble Mr. Manish Garg, Member (J)

Hon’ble Dr. Anand S Khati, Member (A)

1. Vikash, Aged about 32 years, S/o Deepchand, R/o Village- Jharli, Post Office- Chhithroli, Tehsil- Kanina, District- Mahendergarh Haryana-123 027

2. Vipul Prakash Pandey , Aged about 27 years S/o Bijendra Kumar Pandey R/o Garahani Station, Garhani, Bhojpur, Bihar- 802203

3. Lalit, Aged about 38 years S/o Dharam Chand R/o House 107/12, Laxman Colony, V.P.O. Julana, Jind, Haryana-1261 01 ...Applicants By Advocate(s): Mr. Ajesh Luthra with Ms. Meenu Sharma Versus

1. Govt. of NCT of Delhi Through Chief Secretary New Secretariat, I.P. Estate New Delhi-110001

2. Directorate of Education Through Director, Director Education (DoE), Old Secretariat, New Delhi-11 0054

3. Delhi Subordinate Services Selection Board Through Chairman FC-18, Institutional Area Karkardooma, Anand Vihar, Delhi-11 0092

By Advocate(s): Mr. Amit Anand

ORDER (ORAL)

Hon’ble Mr. Manish Garg, Member (J)

In the instant O.A. the applicants have prayed for the following reliefs:-

“A. Call for records of the case;

B. Pass an order directing the Respondents to modify advertisement 02/2021 for the post code no 34/21, TGT Hindi Male in terms of DOPT OM dated 31.01.2019 by allotting 10% vacancies of the total numbers of posts to EWS category;

C. Pass an order directing the Respondents to re- draw/modify the Cut off list dated 08.02.2022 and result dated 02.08.2022 for the post of 34/21, TGT Hindi Male in terms of DOPT OM dated 31.01.2019;

D. Pass an order directing the Respondents to grant appointment to the Applicants from the date on which similarly placed EWS category candidates were appointment with all consequential benefits and arrears etc.

E. Award costs to the Applicants;

F. Pass any other or further order which this Hon'ble Tribunal may deem fit and proper in the interest of justice.”

2. Highlighting the facts of the present case, learned counsel for the applicants would submit that the 10% vacancies of EWS quota has not been correctly applied with. He states that this issue is no longer res-Integra in light of the decision rendered by this Tribunal in O.A. No. 2059/2022 decided on 08.02.2023 titled as Gaurav Sharma Vs. Govt. of NCT of Delhi & Ors., which has also been affirmed by the Hon’ble High Court in W.P. (C) No. 14414/2023 decided on 08.09.2025 titled as Delhi Subordinate Services Selection Board and ANR. Vs.

Gaurav Sharma & Ors. stating as under:-

“13. In the present case, it is not denied by the MCD that due to an inadvertent mistake, it had wrongly requisitioned only 54 posts of Special Educator (Primary) in the MCD schools towards the EWS quota; the total numbers of vacancies to be reserved under the said quota was 112. It is not a question of filling up of future vacancies, but of the calculation of the vacancies that should have, in law, been reserved for the EWS candidates.

14. Once it was admitted that the MCD had not followed the reservation policy, the options before the learned Tribunal would have been to either cancel the entire examination and have it re-conducted, or to ensure that the requisite number of EWS category candidates are given a chance for appointment in terms of reservation policy. In our view, the learned Tribunal adopted the right approach by directing the petitioners, as also the MCD, to give adequate representation to the EWS category candidates in accordance with the reservation policy, rather than cancelling the entire examination process.

15. The plea of the petitioners that respondent nos. 1 to 11, after participating in the examination process, cannot be allowed to challenge the same, does not impress us. As noted hereinabove, respondent nos. 1 to 11 had challenged the number of seats reserved for the EWS category immediately after the issuance of the advertisement itself. It was for the MCD to look into that representation and correct its own folly at that s