Central Administrative Tribunal Principal Bench, New Delhi OA No.716/2019 This the 9th day of October, 2025 Hon’ble Dr. Chhabilendra Roul, Member (A)

Hon’ble Sh. Rajveer Singh Verma, Member (J)

Dinesh Kumar Bhabi, S/o Sh. Ramesh Chander Bhabi, R/o Village & Post Kairot Via Kekri, District-Ajmer, Rajasthan.

-Applicant (By Advocate Ms. Apporva Singh for Vijendra Mahndiyan)

-Versus-

1. Delhi Subordinate Services Selection Board, FC-18, Institutional Area, Karkardooma, Delhi-110302.

2. Govt. of NCT of Delhi through The Principal Secretary, Department of Health & Family Welfare, Govt. of NCT of Delhi, Delhi Secretariat, I.P. Estate, New Delhi.

-Respondents (By Advocate Mr. Amit Yadav and Ms. Sangita Rai)

ORDER (ORAL)

Mr. Chhabilendra Roul, Member (A):

The present OA has been filed under Section 19 of Administrative Tribunal Act, 1985 seeking the following relief:

a) “A direction to the Respondent no.1 for considering the applicant’s candidature for selection to the post of Staff Nurse under SC category under post code 20/13.

b) A direction to the Respondent No.1 to allow the applicant to upload/file dossiers under post code 20/13.

c) Any other order/directs as/deems fit to the Hon’ble Tribunal in the interest of justice to the applicants.”

2. Factual Matrix

2.1 The Delhi Subordinate Services Selection Board (DSSSB), Respondent no.1 issued Advertisement No.01/13 for filling up vacancies of various posts under Government of NCT, Delhi. The present applicant applied for the post of Staff Nurse (Post Code 20/13) under the SC category. The result of the Examination, which was held on 09.06.2013 was declared by the respondent no.1 on 10.9.2013. The applicant scored 67.75 marks. On the basis of marks obtained in the written Examination, the present applicant was shortlisted for document verification. He was directed to appear ‘FOR DOCUMENT VERIFICATION ON 21.8.2014”. The applicant was absent for document verification. His candidature was rejected on account of his absence for document verification vide Result Notice No.351 dated 21.12.2014.

2.2 It is claim of the applicant that he tried to get information regarding status of his recruitment based on the said written examination through RTI applications. He came to know about selection of waitlisted candidates and such candidates and vacancy position with respect to SC category based on the aforementioned reserved category. Not satisfied with the responses given by the Respondents, the applicant has approached this Tribunal in the present OA seeking aforementioned relief.

3. The present application is accompanied by MA No. 1232 of 2019 seeking condonation of delay in filing the present OA. The Respondents had filed two counter affidavits dated 10.1.2019 and 16.3.2023 in respect of the aforementioned MA. The Counter Affidavit dated 16.3.2023 states that it is counter reply in respect of both the MA as well as the OA. As there was no rejoinder filed by the applicant even after availing several opportunities, with consent, both the MAs as well as OA were taken up for final hearing today.

4. Submission by learned counsel for the applicant

4.1 Referring to the submissions in the MA, the learned counsel for the applicant states that the present OA has been filed within due date from the date of knowledge of the applicant. He came to know about the selection of waitlisted candidates from some friends. He had not been informed about rejection of his candidature vide any effective mode of communication. He could only know about selection of less deserving candidates in October, 2018 and he filed the OA within stipulated period from that date. Hence, delay in filing the OA should be condoned.

4.2 On merit, the learned counsel for the applicant states that the posts which were reserved for SC candidates in respect of post Code 20/13 are still vacant and candidates scoring less than the present applicant under SC category have been selected. Hence, the present applicant deserves to be selected on the basis of his highe