CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI O.A No. 457/2019 With M.A No. 526/2019 Reserved on : 06.01.2026 Pronounced on : 14.01.2026 Hon’ble Ms. Harvinder Kaur Oberoi, Member (J)

Hon’ble Dr. Sumeet Jerath, Member (A)

Pinki Devi, Age 39 years (PGT History) (Gp. B)

W/o Sh. Surender Kumar, R/o. RZ-18, Gali No. 2, Block-B, Ugarsen Park, Nangloi Road, Najafgarh, New Delhi-43. ...Applicant (By Advocate : Mr. Yashpal Rangi)

Versus Govt. of NCT of Delhi & Ors, through its:

1. Chief Secretary, Govt. of NCT of Delhi Delhi Secretariat, I.P. Estate, New Delhi-110002.

2. Director of Education, Directorate of Education, Govt. of NCT of Delhi, Old Secretariat Building, Civil Lines, Delhi-110054.

3. Delhi Subordinate Services Selection Board Through its Secretary, FC-18, Institutional Area, Karkardooma, Delhi-110 092. ...Respondents (By Advocate : Mr. Tanmay Vashistha for Mr. Amit Anand)

ORDER Hon'ble Dr. Sumeet Jerath :

The instant OA has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, seeking the following reliefs:-

"8.(i) Quash and set aside the impugned notice no. 760 dated 25/1/2019 to the extent candidature of the applicant has been rejected.

(ii) Declare the action of respondents in not evaluating the OMR sheet and not providing copy of OMR sheet to applicant as arbitrary and illegal; and iii) Direct the respondents to evaluate the OMR sheet of the applicant and if she found scored more marks than the last selected candidate in OBC category then she may be appointed to the post of PGT (History) Female (Post Code 139/12) in preference to the candidates secured less marks than her with all consequential benefits including seniority and arrears; and (iv) pass such other and further orders which their lordships of this Hon'ble Tribunal deem fit and proper in the existing facts and circumstances of the case."

2. The factual matrix of the case as per the counsel of the applicant is that pursuant to the advertisement issued by the DSSSB to fill up various posts including that of PGT (History) Female bearing Post Code No. 139/12, the applicant applied for the same under OBC category. She appeared in Tier-I examination where she qualified with 78.75 marks as apparent from result dated 03.06.2015 vide which she was placed at fourth position in the merit list of OBC candidates. However, the result of Tier-II examination did not reflect her marks. Rather, it showed ‘No marks’ against her Roll No. - 26004187. Aggrieved, she preferred a representation dated 27.06.2016 to the DSSSB. However, ignoring her representation the respondents declared final result vide Result Notice No. 484 whereby two posts of OBC category were kept vacant for clarification of passing PG qualification and further two posts were kept vacant for those candidates who had represented against the said result including the applicant. Thereafter result was declared twice on 12.06.2017 and 15.11.2017 wherein also the representation of the applicant was shown as pending. Apart from representations, the applicant also made various RTI applications seeking information about her result as also filed complaints/appeals to CIC which are pending consideration. However, after a long span of about 2½ years DSSSB rejected her candidature on the ground she had wrongly bubbled her Roll Number in OMR sheet and for that reason her OMR sheet/Answer Sheet could not be evaluated. Counsel for the applicant highlighted that now the DSSSB has again declared one more candidate as selected under OBC category. Thus as of now, 17 posts out of 18 posts of OBC category had been filled and only one post is lying vacant for one Ms. Suman whose candidature is pending for obtaining documents. If that post is also gone then the applicant would suffer irreparable loss. Hence the applicant has knocked the doors of the Tribunal.

3. The counsel of the applicant based his arguments on various grounds which are quoted below :-

“(A) Respondents have acted in arbitrary, unjusti