Central Administrative Tribunal Principal Bench, New Delhi O.A. no. 3605/2023 This the 12^th day of January, 2026 Hon’ble Mr. Manish Garg, Member (J)

Hon’ble Dr. Anand S Khati, Member (A)

1. Pavan Kumar Singh, S/o Sh. Ghanshyam Singh, r/o Kudikala, Itahara, Itahara Uparwar, Sant Ravidas Nagar, Uttar Pradesh- 221309.

2. Pooja, W/o Vinnet Thakur, R/o C-5-a, Adarsh Nagar, Uttam Nagar, West Delhi, Delhi - 110059

3. Sadhana Agrawal, D/o Suresh Chand Agrawal, R/o o5, Nauhjheel Banger, Nauhjheel, Matpura, Uttar Pradesh - 281203

4. Suraj Dwivedi, S/o Sh. Ramashraya Dwivedi, R/O Villtisaura, Post: Barahalganj, Badhal - Ganj, Azzamgarh, Barahalaganj, Uttar Pradesh - 276129

5. Aklima Khatoon, D/o Md. Aslam, R/o Sikanadrpur, Domanpura Sikanderpur, Ballia Sikanderpur, Uttar Pradesh-277303

6. Roopam Gupta, S/o Sh. Satish Chandra Gupta, R/o

92, Sainjani, Saijani, Budaun, Uttar Pradesh- 243635

7. Anju Bala, D/o Narinder Kumar, R/o 605, Ward No

18, Dutta Colony, Panipat, Haryana - 132103

8. Rimpi Rani, W/o Harivvindra Singh, R/o Village and Post: Shimlana, Tehsil: Rampur Maniharan, Distt:

Saharanpur, Uttar Pradesh

9. Sumit, D/o: Suresh Sharma, R/o: Ward No 16, CIA

Staff Gali, Narwana, Jind Haryana-126116

10. Shubham Singh, S/o Ranjit Singh, R/o New Defence Colony, Fulwariya, Saraiya, Varanasi, Uttar Pradesh - 221106

11. Shivam Kumar Bhatnagar, S/o Virendra Kumar Bhatnagar, R/o 420, Kayasthan, Chandpur, Bijnor Uttar Pradesh – 246725.

...Applicants By Advocate(s): Mr. Ajesh Luthra with Ms. Meenu Sharma Versus

1. Govt. of NCT of Delhi, Through Chief Secretary, Delhi Sachivalaya, Players Building, I. P. Estate, New Delhi.

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

3. Directorate of Education, Through its Director, Old Secretariat, Vidhan Sabha Metro Station, Civil Lines, New Delhi-11 0054.

4. Union of India Through its Secretary, Department of Personnel & Training, Ministry of Personnel Public Grievances & Pension, North Block, New Delhi

110001.

…Respondents By Advocate(s): Ms. Purnima Maheshwari ORDER (ORAL)

Hon’ble Mr. Manish Garg, Member (J)

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

“a) Direct the respondents to adhere to the EWS reservation policy of the Govt., implement it fully by providing entire quantum of 10% EWS reservation and provide 47/35/ in subject of Social Science (Male) post code 39/21, 83/36 in subject of Natural Science (Female) post code 36/21, 56/26 in subject of Hindi (Male) post code 34/21, 55/26 in subject of Hindi (Female) post code 33/21 vacancies (as the case may be) towards EWS category. And b) Further consider and appoint the applicants to the post of Social Science (Male) post code 39/21, Natural Science (Female) post code 36/21, Hindi (Male) post code 34/21 and Hindi (Female) post code 33/21 under EWS category. and c) Accord all consequential benefits including seniority monetary benefits. and d) Award costs of the proceedings; and e) Pass any order/relief/direction(s) as this Hon'ble Tribunal may deem fit and proper in the interests of justice in favour of the applicant.”

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 questi