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Item No.14 O.A. No.2005/2019

Central Administrative Tribunal

Principal Bench, New Delhi

O.A. No.2005/2019

This the 11^th day of November, 2022

Hon’ble Mr. R N Singh, Member (J)

Hon’ble Mr. Tarun Shridhar, Member (A)

Nalin Kumar Pandey

S/o Sh. Subhash Chandra Pandey,

Aged about 27 years,

R/o Village Basdiliya,

PO-Madhukarpur, Distt. Siddharth Nagar

Uttar Pradesh-272207

Mob. No. 9936460818

Post: TGT (Hindi) (Male)

Post Code: 140/17 Group-B.

…Applicant

(By advocate : Mr. Prince Kumar Singh with

Mr. Anuj Aggarwal )

Versus

1. Delhi Subordinate Services Selection

Board (DSSSB)

Through its Chairman Govt. of NCT of Delhi,

FC-18, Institutional Area,

Karkardooma, Delhi-110092.

2. The Director of Education

Directorate of Education,

Govt. of NCT of Delhi

Old Secretariat Building,

Civil Lines, Delhi-110054.

…Respondents

(By Advocate : Mr. Girish C. Jha )

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Item No.14 O.A. No.2005/2019

O R D E R (ORAL)

Hon’ble Mr. Tarun Shridhar , Member (A):

In the present Original Application, the applicant

seeks the following relief(s):-

“(i) set aside the impugned Rejection Notice No.

441 dated 22.05.2019, issued by the Delhi

Subordinate Services Selection Board (DSSSB)

whereby the candidature of the applicant (Roll

No. 111314000170) for the post of TGT (Hindi)

(Male) (Post Code 140/17) in Directorate of

Education, was rejected on the ground that the

applicant had failed to upload his e-dossier

during the schedule period i.e. 15.01.2019 to

24.01.2019;

(ii) Direct the respondents to accept the e-dossier

(or hard copies of the qualification certificates

and other requisite documents) and, thereafter,

consider his candidature for appointment on the

post of TGT (Hindi) (Male) (Post Code 140/17)and

grant him all the consequential benefits thereof,

(iii) allow the present Original Application with

costs in favour of the applicant; and

(iv) pass any other order as this Hon’ble

Tribunal may deem fit in the interest of justice

and in the favour of the applicant.”

2. At

the

outset,

learned

counsel

for

the

respondents submits before us a judgment passed by

the Hon’ble High Court of Delhi wherein in an

identical matter the Hon’ble High Court had decided

that once an applicant has failed to meet the statutory

requirements by way of uploading the e-dossier

and/or submitting the necessary documents within

the time stipulated for the same, he cannot take

shelter behind the circumstances which may have

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Item No.14 O.A. No.2005/2019

prevented him from doing so, even if the applicant has

been successful in the selection.

3. Learned counsel submits that the said judgment

of the Hon’ble High Court was challenged by way of an

SLP of Hon’ble Supreme Court and said SLP has also

been dismissed. He has placed before us a copy of the

order of the Hon’ble Supreme Court. He further points

out that in similar matters, this Tribunal has also

held

that

no

matter

what

the

extenuating

circumstances be, once the applicant has missed the

bus he or she cannot be allowed the benefits of any

relaxation as it would amount to discriminatory

treatment against those who may have been

identically placed. The present matter being fully

covered by the aforesaid judgements and the facts and

circumstances be identical, there is no cause before

us to take a view which is divergent from the same.

Accordingly, we are not inclined to interfere in the

present Original Application which stands dismissed.

No order as to costs.

( Tarun Shridhar )

( R.N. Singh )

Member (A)