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Item No.83/ C-IV O.A. No.2913/2022

Central Administrative Tribunal

Principal Bench: New Delhi

O.A. No.2913/2022

This the 29th day of January, 2026

Hon’ble Mr. Manish Garg, Member (J)

Hon’ble Mr. Rajinder Kashyap, Member (A)

Mr. Arjun kumar

S/o Sh. Madan Pal

R/O-H. No. 35, Mawai, Sector- 9

(Pal Mohalla) Vijay Nagar,

Ghaziabad- 201009 (U.P)

…Applicant

(By Advocate : Mr. A. K. Bhakta)

Versus

Government of NCT of Delhi & Others,

Through

1. The Chief Secretary '

Governroent of NCT of Delhi,

Delhi Secretariat, I.P. upstate.

New Delhi-110002

2. The Secretary,

Delhi Subordinate Services Selection Board,

FC-18, Institutional Area,

Karkardooma, Delhi-110092.

3. The Secretary,

Department of Education,

Government of NCT of Delhi,

Old Secretariat, Near vidhan Sabha,

Civil Lines New Delhi-110054

…Respondents

(By Advocate : Mr. D K Singh for Ms. Purnima

Maheshwari)

2026.02.02

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Item No.83/ C-IV O.A. No.2913/2022

ORDER (ORAL)

By Hon’ble Mr. Manish Garg, Member (J)

By way of the present Original Application (OA),

the applicant seeks the following relief(s):-

“(I) To quash and set aside the Impugned Order

/Registration No. DSSSB/R/2022/ 64716, Dated:

30.08.2022 issued by Secretary, DSSSB.

(II) To direct the respondents to consider the

appointment of the applicant for the post of Physical

Education Teacher (TGT) in Post Code:87/20 from the

date of his immediate junior with full back wages,

seniority and all the consequential benefits.

(III) To allow this OA with heavy cost on the

respondents for causing undue harassment to the

applicant and for the litigation expenses.

(IV) To pass any other order or orders which this

Hon'ble Tribunal may deem fit and proper in the facts

and circumstances of the present case.”

2. Learned counsel for the applicant draws our

attention to the fact that the respondents have not

considered the caste certificates in question, which,

according to him, were issued by the competent

authority, which reads as under:-

“CERTIFICATE NO: 90500000596958

This is to certify that ARJUN KUMAR S/o MADAN LAL

R/o H NO-276 GALI NO-3 HARI PARK PART-2

MUKAND PUR EXTN PART II DELH1110042 INDIA

belongs to the GADARIA community which is

recognised as Other Backward Class under the

Government of NCT of Delhi notified vide Notification

No. F.2B(93)/91-92/SCST/P&S/ 4384 dated.1995-

01-20 published in the Gazette of Delhi Extraordinary

Part-IV.

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Item No.83/ C-IV O.A. No.2913/2022

ARJUN KUMAR and his family ordinarily resides at H

NO-276 GALI NO-3 HARI P A R K PART-2 MUKAND

PUR EXTN PART II DELH1110042 INDIA

This certificate is issued on the basis of O BC

certificate issued to SU D EEP COUSIN

BROTHER(PATERNAL) of ARJUN KUMAR R/o H NO-

276 GALI NO-3 HARI P A R K PART-2 MUKANDPUR

PART-2 NORTH DELH1110042 belongs to GADARIA

community of DELHI State vide Certificate No.

9050000091465 dated 02/08/2015 issued by the

CIVIL LINES.

This is also to certify that he does not belong to the

person/sections {Creamy layer) mentioned in column

3 of the Schedule to the Govt, of India, Department of

Personnel & Training O.M. No. 36012/22/93-

Estt(SCT),

36033/3/2004-Estt(Res), 36033/1/2013-Eslt(Res)

dated 8/9/1993 9/03/2004 & 14/10/2008 and

27/5/2013 respectively.”

3. Per contra, learned counsel for the respondents

relies upon the averments made in the counter

affidavit and places reliance on the decision rendered

in OA No. 4433/2018, decided on 07.11.2025. The

relevant portion of the same reads as under:-

“12. Taking cognizance of the aforesaid legal position,

we are of the considered opinion that the OBC

certificate issued to the applicant by the Deputy

Commissioner (North West District), Delhi which, in

turn, is based upon a certificate issued to her father

by an Authority from the State of Haryana dated

17.07.1996, does not conform the requirement

stipulated in Govt. of NCT of Delhi’s OMs dated

28.07.2016 and 31.05.2021. Accordingly, the

applicant cannot be extended the benefit of

reservation of OBC (Delhi) candidate. Furthermore, the

judgment relied upon by the applicant