ORDER (ORAL)

By Hon’ble Mr. Manish Garg, Member (J)

1.The present matter pertains to the eligibility of the applicant for appointment, wherein the applicant relies upon the B.Ed. degree obtained from Singhania University, which has not been accepted by the respondents for the purpose of appointment to the post in question.

2. Learned counsel for the applicant submits that the said degree is valid and ought to be considered for grant of appointment. He places reliance upon the decision rendered by this Tribunal in OA No. 1386/2021, Ajay Dagar vs. GNCTD & Ors., decided on 01.07.2025, and submits that the present matter is identical and squarely covered by the said decision. The judgment dated 01.07.2025 reads as under:-

“The applicant had applied for the post of Physical Education Teacher pursuant to Advertisement No. 04/2017 (Post Code 90/17) issued by the Delhi Subordinate Services Selection Board (DSSSB), respondent No. 3. The details of the said post as per the advt. notification are as under:-

“ No. Of Vacancies - (Total - 919) - (UR - 465, OBC - 244, SC - 141, ST - 69).

Educational Qualification :- Essential :-

1. Graduate with Bachelor’s of Physical Education (B.P.Ed) or its equivalent.

Desirable: Nil Experience :-

Essential :- Nil Desirable :

Nil Pay Scale - 9300-34800+ Grade Pay 4600 Group: 'B' Age Limit - Not exceeding 30 years, Age Relaxation will be given as per the table regarding age relaxation given below at para 6.

Kashmiri Migrant Teachers: One time relaxation in the upper age limit for the numbers of years served as teacher in Dte. Of Education.

Guest/Contract teachers:-Relaxation in upper age as a one time measure upto the actual time spent as guest/contract teacher in Dte. Of Education, subject to a maximum of 5 years provided they have worked for atleast 120 working days in that particular year (this would be applicable to those guest/contract teachers who have worked for the academic years 2012- 13, 2013-14,2014-15, 2015-16 & 2016-17). This post is identified not suitable for PH candidate as per requisition of user department.”

2. The applicant appeared in the examination conducted by DSSSB on 30.05.2019, under Roll No. 2700008107 and was declared successful. Consequently, his name was recommended for appointment to respondent No. 2, the user department.

3. Respondent No. 2 issued an offer of appointment dated 04.08.2020, which was duly accepted by the applicant. However, instead of issuing a posting order, the respondent issued a deficiency memo dated 20.08.2020 seeking a certificate from a National Council for Teacher Education (NCTE) recognized institution. The applicant promptly responded to the same. Thereafter, another deficiency memo dated 24.12.2020 was issued on similar grounds, to which the applicant again submitted a detailed reply dated 07.01.2021, enclosing supporting documents and relevant judicial precedent.

4. Despite these submissions, respondent No. 2, by order dated 25.06.2021, withdrew the offer of appointment and cancelled the candidature of the applicant. Hence this OA has been filed seeking the following relief:-

“(i) That the Hon'ble Tribunal may graciously be pleased to pass an order of quashing the impugned order dated 25.6.2021 declaring to the effect that the same is illegal, arbitrary and against the law and consequently pass an order, directing the respondents to appoint the applicant to the post of Physical Education Teacher in respect of Post Code 90/17 (Advertisement No.04/17) immediately from the date of appointment of junior person who got lesser marks than the applicant with all the consequential benefits including pay fixation and seniority.

(ii) Any other relief which the Hon'ble Tribunal deem fit and proper may also be granted to the applicant along with the costs of litigation.”

5. Learned counsel for the applicant submitted that the applicant possesses the essential qualification prescribed in the advertisement, i.e., a Bachelor's Degree in Physical Education (B.P.Ed.) or its equivale