DSSSB Vs. MUKESH KUMAR

JUDGEMENT

(1.) In the year 2008, as per requisition of Municipal Corporation of Delhi (MCD), the Delhi Subordinate Services Selection Board (hereinafter referred to as the Board?) issued an Advertisement No. 02/2008 for filling up posts of Assistant Teacher/Teacher (Primary) in MCD under Post Code 16/08. The advertisement in Section B contained the reservation benefits keeping in view the instructions pertaining to the admissibility of benefits of reservation. The procedure for submission of application form mentioned the reservation benefits stating that the reservation benefits will be available to the candidates in accordance with the instructions/order/circulars issued from time to time by competent/notified authority. The examination for the Post Code 16/08 (Teacher-Primary) was conducted by the Board in two parts, that is, Part I (Objective) Examination and Part II (Descriptive) Examination for final selection. The result of Part I examination for short listing of candidates by evaluation of their Part I answer sheets was declared on 29.5.2009. After evaluation of Part II (Descriptive) answer scripts, final result was declared by the Board on 6.10.2009.

(2.) When the selection process was continuing, the decision in the case of Subhash Chandra & Anr. v. DSSSB & Ors., 2009 11 Scale 278 was pronounced. Because of the said decision, only such Scheduled Caste candidates who had secured marks 94/200 and above and had enclosed Scheduled Caste certificate of Delhi origin issued by the competent authority of the Government of NCT of Delhi were selected. The candidates who had furnished the caste certificates issued on the basis of their parents? caste certificates along with the application form were not extended the benefit of reservation and, hence, their cases were considered under unreserved category and the candidates who had, secured less marks than the last short listed/selected candidate under unreserved category were not found to have been qualified.

(3.) Being dissatisfied with the aforesaid criteria/condition, the respondents preferred original applications before the Central Administrative Tribunal, Principal Bench, New Delhi (for short the tribunal?) and the tribunal disposed of OA No. 563/2010 (Mukesh Kumar & Others v. GNCTD & Ors.) on 6.9.2010 and OA Nos. 1466/2010 (Kapil Kumar v. DSSSB & Ors.) and 905/2010 (Ms. Saroj & Others v. GNCTD & Ors.) by common order dated 7.9.2010. In OA No. 563/2010, the tribunal has passed the following order: