Crucial date for recruitment eligibility fixed at 01.01.2021 for 2022 exam held arbitrary under DoP&T guidelines; COVID cannot justify disadvantaging eligible candidates by backward shift; outcome abides superior court ruling.

O R D E R

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

By filing the present O.A. under Section 19 of the Administrative Tribunals Act, 1985, the applicant is seeking the following reliefs:-

"A) To quashed and set aside Para 9.2 of Advertisement (Ann A-1) for recruitment to the post of Nursing Officer (Allopathic) Cat. No. NR 15921 Phase IX/2021 to the extent it provided illegally the crucial date for determining the age limit and Essential Qualifications etc as 1.1.2021 instead of 1.1.2022 declaring as illegal, ultra-virus, null and void, without jurisdiction and authority.

B) To direct the respondents to treat for recruitment to the post of Nursing Officer (Allopathic) Cat. No. NR 15921 Phase IX/2021 the crucial date for determining the age limit and Essential Qualifications as 1.1.2022.

C) To quash and set aside the deemed rejection of candidature of applicant for the post of Nursing Officer (Allopathic) Cat. No. NR 15921 Phase IX/2021 on the basis of Para 9.2 of the Recruitment Advertisement.

D) To direct the respondents to treat the applicant eligible in all respect and appoint her to the post of Nursing officer (Allopathic) Cat. No. NR 15921 Phase IX/2021 with all consequential benefits. E) To award costs in favour of the applicant and pass any order or orders, which this Hon’ble Tribunal may deem just & equitable in the facts & circumstances of the case."

FACTS OF THE CASE

2. By filing the present Original Application under Section 19 of the Administrative Tribunals Act, 1985, the applicant has assailed the action of the respondents in not appointing her to the post of Nursing Officer (Allopathic) under Selection Posts Phase-IX/2021, despite her participation in the recruitment process and possession of the requisite qualifications. The applicant has also challenged the communication dated 30.12.2023, whereby her candidature was rejected.

2.1 The applicant applied for the post of Nursing Officer (Allopathic) advertised by the Staff Selection Commission under Phase-IX/2021 Selection Posts against Advertisement dt. 24.09.2021. The last date was 25.10.2021. However, not only for age but for Nursing & Midwife Registration Certificate also jointly, the cut-off date was fixed as 01.01.2021. The applicant holds the requisite educational qualification, namely B.Sc. (Post Basic/Hons.) Degree in Nursing, and is duly registered with the Delhi Nursing Council as a Nurse and Midwife.

2.2 The applicant appeared in the written examination held on 08.02.2022. She was called for Documents Verification where she submitted certificate of Nursing & Midwife Registration dt. 06.10.2021. The applicant participated in the recruitment process conducted by the SSC. However, vide communication dated 30.12.2023, issued by SSC (NR), her candidature was rejected on the ground that she did not fulfil the eligibility conditions as per the Recruitment Rules/advertisement.

2.3 Aggrieved by the said rejection, the applicant submitted representations, which did not yield any result, compelling her to approach this Tribunal. Hence, this O.A.

3. Pursuant to notice issued by this Tribunal, the respondent No. 2 has filed reply opposing the claim of the applicant.

CONTENTIONS OF THE APPLICANT

4. Learned counsel for the applicant argued that the cut off date is liable to be changed from 01.01.2021 to 01.01.2022 as per OM dt. 14.07.1988 (Annexure-A/6) issued by the DoP&T since the Examination was scheduled to be held in Jan/Feb, 2022 and in fact held on 10.02.2022. As per O.M. dt. 14.07.1988 the crucial date for determini