CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI Reserved on 10.02.2026 Pronounced on 18.02.2026 Hon’ble Ms. Harvinder Kaur Oberoi, Member (J)

Hon’ble Dr. Sumeet Jerath, Member (A)

Pardeep Kumar S/o Sh. Kuldeep Singh R/o H. No. 1298, Sector-23, Sonepat, Haryana-131001 (aged about 34 years)

(EWS candidate to the post of TGT (Hindi) (Male)

.… Applicant (By Advocate : Mr. Ajesh Luthra)

VERSUS

1.Govt. of NCT of Delhi Through Chief Secretary New Secretariat, I.P.

Estate New Delhi-110001

2.Directorate of Education Through Director, Director Education (DoE), Old Secretariat, New Delhi-110054

3.Delhi Subordinate Services Selection Board Through Chairman FC-18, Institutional Area Karkardooma, Anand Vihar Delhi-110092 .... RESPONDENTS (By Advocate : Ms. Purnima Maheshwari)

ORDER Hon’ble Ms. Harvinder Kaur Oberoi, Member (J)

The present Original Application has been filed under Section 19 of the Administrative Tribunals Act seeking appropriate relief(s):-

“(a) Call for records of the case;

(b) Pass an order directing the Respondents to modify advertisement 02/2021 for the post code no 34/21, TGT Hindi Male in terms of EWS DOPT OM dated 31.01.2019 by allotting 10% vacancies of the total numbers of posts to EWS category;

(c) Pass an order directing the Respondents to re-draw/modify the Cut off list dated 08.02.2022 and result dated 02.08.2022 for the post of 34/21, TGT Hindi Male in terms of DOPT OM dated 31.01.2019;

(d) Pass an order directing the Respondents to grant appointment to the Applicant from the date on which similarly placed EWS category candidates were appointed with all consequential benefits and arrears etc.

(e) Award costs of the Applicants; and (i) Pass any other order/direction which this Hon’ble Tribunal deems fit and proper in favour of the applicant and against the respondents in the facts and circumstances of the case.”

2. The applicant, being a candidate for the post of TGT under Post Code 34/2021, participated in the recruitment exercise under the EWS category. It is stated that the applicant applied and was considered for the said post under the EWS category in the aforesaid recruitment process. The result of the said recruitment was declared on 02.08.2022.

3. Thereafter, the applicant approached this Tribunal with some delay and filed MA No. 3959/2025 seeking condonation of delay. The said MA was allowed by this Tribunal vide order dated 29.10.2025.

4. The delay was condoned primarily on the ground that the principal issue raised in the Original Application, namely the proper implementation and application of 10% reservation under the EWS category, was already pending adjudication before the Tribunal in other connected matters. This position was noted, inter alia, in paragraph 8 of the said order, which reads as under:-

“8. It has been stated, that in the other pending OA that the applicants therein have secured marks less than the present applicant, and in the event of a positive direction in that OA for fulfillment of the 10 per cent EWS quota, the result under the EWS category would necessarily require revision. Such revision wouldlead to an increase in the number of vacancies and a consequential fall in the cut-off marks. Upon such revision, any candidate who falls within the final cut-off would acquire a right to appointment. Therefore even otherwise the applicant would have to be considered if he falls within new cut-off, if any.”

5. Learned counsel for the applicant further submits that even at that stage the applicant had claimed parity with applicants in OA No. 3526/2022, titled Vikas & Others vs. Government of NCT of Delhi, wherein the Tribunal had relied upon its earlier judgment in OA No. 2059/2022, titled Gaurav Sharma vs. Government of NCT of Delhi & Others, decided on 08.02.2023. It is further submitted that the aforesaid judgment was subsequently upheld by the High Court of Delhi in W.P.(C) No. 14414/2023. For the sake of clarity the decision in the OA No. 3526/2022 reads as under:-

“ In the instant O.A. the a