EWS certificates issued post-cutoff due to COVID delays valid if applicant otherwise eligible; rejection quashed.

ORDER

Hon’ble Mr. Manish Garg, Member (J)

In the present O.A. filed under Section 19 of the Administrative Tribunals Act, 1985, the applicants have prayed for the following reliefs:

“(i) Set aside the impugned Rejection Notice No. 131 dated 28.04.2022, issued by the Delhi Subordinate Services Selection Board (DSSSB), whereby the candidature of the applicants for appointment to the post of TGT (Social Science) (Male) (Post Code: 39/21) in the Directorate of Education (DOE) was rejected on the ground that the EWS Certificates submitted by the applicants were issued after the cutoff date;

(ii) Set aside the impugned Office Memorandum dated 18.06.2022, issued by the Department of Personnel and Training, Government of India, whereby the DOPT declared that “the crucial date for submitting Income and Asset Certificate by the candidate may be treated as the closing date for receipt of application for the post, except in cases where crucial date is fixed otherwise”;

(iii) Set aside Clause 5.3 of the Office Memorandum dated 31.01.2019, issued by the Department of Personnel and Training, Government of India, whereby it has been declared that “the crucial date for submitting Income and Asset Certificate by the candidate may be treated as the closing date for receipt of application for the post, except in cases where crucial date is fixed otherwise”;

(iv) Declare that the Income and Asset Certificates (I & A Certificates) are legal, valid, and sufficient documents/certificates for appointment under the Economically Weaker Sections (EWS) category to the post of TGT (Social Science) (Male) (Post Code: 39/21) in the Directorate of Education (DOE);

(v) Direct the respondents to consider the candidature of the applicants under the Economically Weaker Sections (EWS) category for appointment to the post of TGT (Social Science) (Male) (Post Code: 39/21) in the Directorate of Education (DOE), and thereafter appoint the applicants to the said post with all consequential benefits (monetary as well as non-monetary), including seniority and back wages/salary;

(vi) Allow the present Original Application with costs in favour of the applicants;

(vii) Issue any other appropriate order or direction as this Hon’ble Tribunal may deem fit and proper in the interest of justice and in favour of the applicants.”

2. Highlighting the facts of the case, learned counsel for the applicant submitted as under:

2.1. The applicants participated in the recruitment process conducted by DSSSB for the post of TGT (Social Science) (Male), Post Code 39/21, under the EWS category. They duly qualified the written examination and were shortlisted for e-dossier submission.

2.2. During April–June 2021, the second wave of COVID-19 severely affected government functioning, including SDM offices responsible for issuing Income & Asset (EWS) Certificates. As a result, though the applicants had applied for issuance of their EWS certificates within time, the certificates were actually issued after the closing date due to administrative delays beyond their control.

2.3. The applicants uploaded the certificates as soon as they were issued. However, DSSSB, through Rejection Notice No. 131 dated 28.04.2022, rejected their candidature solely on the ground that the EWS certificates were issued after the cutoff date, without considering the exceptional pandemic situation.

2.4. Learned counsel for the applicants contended that the impugned rejection is wholly illegal, arbitrary and mechanical, inasmuch as the applicants were substantively eligible under the EWS category and were in possession of valid Income and Asset Certificates duly issued by the competent authori