MONIKA Vs. DSSSB

JUDGEMENT

(1.) The present writ petition under Article 226 and 227 of the Constitution of India seeks to assail the order dtd. 5/3/2020 passed by the learned Central Administrative Tribunal in O.A.3572/2017. Vide the impugned order, the learned Tribunal has dismissed the original application filed by the petitioner, wherein she had sought inclusion of her name in the selected list of candidates for appointment to the post of TGT (Computer Science) under the 'Physically Handicapped' Category (PH category).

(2.) Before dealing with the rival submissions of the parties, we may note the brief factual matrix as emerging from the record.

(3.) Upon an advertisement being issued by the respondents in January 2014 inviting applications for appointment to the post of TGT (Computer Science), the petitioner who belonged to the PH category applied for selection to the said post under the unreserved category. The petitioner duly appeared in the computer based examination for the said post on 21/5/2017 and while filling her OMR sheet, she stated that she belonged to the PH category. Within ten days thereafter, the petitioner, on 2/6/2017, upon realising that her candidature was likely to be considered as unreserved category candidate, approached the respondent to seek correction of her category. As she had, while filling the OMR sheet stated that she belonged to the PH category, she was shortlisted under the PH category and accordingly, uploaded her requisite documents, including the medical certificates, for verification under the said category. Upon declaration of results, even though the petitioner scored 76.25% marks, her name was not included in the list of candidates selected under the PH category on the premise that she had submitted her application form under the unreserved category.