CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI O.A. No. 2033/2023 Reserved on : 20.11.2025 Pronounced on : 17.12.2025 Hon’ble Mr. Manish Garg, Member (J)

Hon’ble Dr. Anand S. Khati, Member (A)

Barkha Yadav R/o RZ-432 (Old No. RZ-129)

Gali No.10, East Sagarpu Delhi-110046.

.. Applicant (By Advocate: Mr. Ankur Yadav with Mr. Abhimanyu Roy, Mr. Shashank Shekhar and Mr. Akash)

Versus

1. Chairman Delhi Subordinate Services Selection Board FC-18, Institutional Area Karkardooma, Delhi-92.

2. Secretary Delhi Subordinate Services Selection Board FC-18, Institutional Area Karkardooma, Delhi-92.

.. Respondents (By Advocate: Mr. Girish C. Jha)

ORDER Hon’ble Dr. Anand S. Khati, Member (A)

In the present Original Application filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has sought for the following relief(s):-

“1. To pass an order directing the Respondent to quash/set aside Result dated 21/22.02.2023 whereby applicant was disqualified in the exam;

2. To pass an order directing the Respondents to consider the applicant candidature for appointment to the post of Junior Secretariat Assistant Post code 44/21;

3. To pass such other and further order(s) as this Hon’ble Tribunal deem fit and proper in the circumstances of the case.”

2. Brief facts of the case as narrated by learned counsel for the applicant are as under:-

2.1 Pursuant to Advertisement No.02/2021 issued by the DSSSB inviting application for various posts, the applicant being eligible applied for the post of Junior Secretariat Assistant (LDC), Post code No.44/2021, in Municipal Corporation of Delhi in Physically Handicapped category. She appeared in Tier-I examination held on 08.04.2022, in which she scored 71.59 marks and declared successful vide result dated 13.09.2022.

2.2 In the notice dated 13.09.2022 whereby the result was declared, there is a note appended to it which reads as under:

"Note: shortlisting for typing test is purely provisional of these candidates and these candidates are to be distributed among OH/VH/HH/AIDSLDMI sub-category as per their merit of written EXAMINATION AND BEING QUALLIFIED IN SKILL test also, at later stage, after ascertaining that type of disability, viz. OH/VH/HH/ AIDSLDMI / Multiple disability, on the basis of their disability certificate uploaded by them in their respective

2-dossier."

2.3 Tier-II examination was held on 22.11.2022. As per procedure, the applicant went to the examination centre and presented her medical certificate claiming exemption from giving skill test, but the officer declined her request.

2.4 It is contended by the applicant that she had already submitted her medical certificate and she should have been automatically exempted from Tier-II Skill Test. However, on the contrary, she was disqualified without assigning any reason.

2.5 The learned counsel for the applicant referred to the instructions issued by the Department of Personnel and Training vide Office Memorandum dated 22.04.2015 on exemption from passing the Typewriting Test on Computer in Respect of LDCs, whereby for physically handicapped persons, following instruction were provided:

“a) Physically handicapped persons who are otherwise qualified to hold clerical post and who are certified as being unable to type by the Medical Board attached to Special Employment Exchanges for the Handicapped (or by a Civil Surgeon where there is no such Board) may be exempted from passing the typing test.

b) The term 'physically handicapped persons' does not cover those who are visually handicapped or who are hearing handicapped but cover only those whose physical disability permanently prevents them from typing.”

2.6 It is submitted that the above Office Memorandum has been accepted by the DSSSB and issued guidelines pertaining to Physical Handicapped Students.

2.7 It is also submitted that the respondents on 02.03.2021 issued a general instruction for Visually Handicapped candidates for skill test of post codes 21/18 and 51 (for some other recruitment). Cl