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* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 17.03.2026 Judgment pronounced on: 27.03.2026 Judgment uploaded on: 27.03.2026 + W.P.(C) 6873/2024 & CM APPL. 28683/2024 GOVERNMENT OF NCT OF DELHI & ANR. .....Petitioners Through: Mrs. Avnish Ahlawat, Standing Counsel (Services) with Mr.Nitesh Kumar Singh, Ms.Aliza Alam and Mr.Mohnish Sehrawat, Advocates.

versus UPKAR & ANR. .....Respondents Through: Mr. Ankur Chhibber, Advocate for R-1.

Mr. Karn Bhardwaj and Mr.Rajat Gaba, Advocates for R-2.

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE VIMAL KUMAR YADAV

J U D G M E N T

ANIL KSHETARPAL, J.:

1. The present Petition, filed by the Petitioners, prays for issuance of a writ in the nature of certiorari to quash the order dated 06.12.2023 [hereinafter referred to as „Impugned Order‟] passed by learned Central Administrative Tribunal, Principal Bench, New Delhi in O.A. No. 1888/2022, whereby the said Original Application filed by the Respondent No.1 was allowed.

2. The issue which arises for consideration in the present Petition is whether a candidate is required to possess the requisite educational qualification as on the cut-off date prescribed under the recruitment process.

FACTUAL MATRIX

3. In order to appreciate the controversy involved in the present Petition, the relevant facts, in brief, are required to be noticed.

4. The Delhi Subordinate Services Selection Board [„DSSSB‟]/ Petitioner No.2, pursuant to a requisition received from the Municipal Corporation of Delhi [„MCD‟], issued Advertisement No. 01/2021 dated 04.03.2021 inviting applications for various posts, including the post of Special Educator (Primary) under Post Code 32/21. The last date for submission of applications was stipulated as 14.04.2021. The advertisement, in unequivocal terms, provided that the eligibility criteria, including educational qualifications, age and experience, shall be determined as on the closing date of submission of applications.

5. The relevant extract of the vacancy notification is reproduced as under:-

"4. ELIGIBILITY CRITERIA:

… … … …

(ii) The educational qualification, age, experience etc. as stipulated in advertisement shall be determined as on the closing date of submission of application."

"7. GENERAL INSTRUCTIONS FOR CANDIDATES … … … …

(viii) The educational qualification, age, experience and other eligibility conditions against the post shall be determined as on the closing date of online submissions of application. "

A perusal of the aforesaid reveals that the essential educational qualification prescribed for the aforesaid post included, inter alia, a two-year Diploma Programme in Special Education recognized by the Rehabilitation Council of India, in addition to other qualifications which are not relevant for the adjudication of the present case.

6. Respondent No.1 applied for the said post under the OBC category and appeared in the Tier-I written examination conducted by DSSSB on 17.10.2021. Thereafter, on 05.01.2022, the DSSSB uploaded on its official website the normalized marks obtained by the candidates who had appeared in the said examination. Respondent No.1 secured 85.54 marks and was provisionally shortlisted for the purpose of uploading his e-dossier. Subsequently, vide notice dated 26.05.2022, the DSSSB informed the candidates about deficiencies noticed in their respective e-dossiers and granted them an opportunity to rectify the same. Insofar as Respondent No.1 is concerned, he was specifically directed to upload the certificate and mark sheets in respect of the two-year Diploma in Special Education, completed prior to the cut-off date/closing date of the application form, i.e., 14.04.2021.

7. In continuation of the aforesaid notice, a further opportunity was granted to the candidates vide communication dated 14.06.2022, reiterating the requirement to upload proof of having completed the two-year Diploma in Special Education prior to the cut-off date, i.e., 14.04.2021. However, Respondent No.1 fail