HC imposes Rs 50,000 fine on DSSSB for rejecting candidature of woman who cleared exam

New Delhi: The Delhi High Court recently has imposed a fine of Rs 50,000 on the Delhi Subordinate Service Selection Board (DSSSB) for not granting the opportunity to complete formalities and rejecting a woman's candidature who had cleared the relevant exam for the job of assistant teacher.

The petitioner could not join the service and be constrained to approach Central Administrative Tribunal (CAT) as well as High Court. DSSSB had admitted that the petitioner was not granted any opportunity to upload her documents on the portal.
A Division bench Justice Najmi Waziri and Justice Swarn Kanta Sharma while deciding the petition observed, "The petitioner has been constrained to approach the CAT as well as this court. In the circumstances, instead of directing payment of back wages, especially because the petitioner has not joined the services to date, the Court imposes a cost of Rs 50,000 to be paid to the petitioner by DSSSB, within a period of one month."

The petitioner's appointment letter is also to be issued within the same period, the bench observed.
The High Court passed the above direction on the petition of Tanya Sharma filed through Advocate Anuj Aggarwal.
The petition stated that the petitioner was an aspirant for the post of Assistant Teacher (Nursery). She appeared and cleared the relevant recruitment examination on November 19, 2019.
She was declared a successful candidate after having secured 106 marks, the cut-off marks were 102.
Advocate Anuj Aggarwal had submitted that the petitioner's candidature, was rejected by DSSSB because the documents were 'posted after the cut-off date'.

DSSSB pointed out some errors regarding the date of declaration of her results as of July 9, 2019, by the State Council of Education Research and Training, whereas the correct date of declaration of results was May 31, 2019.
The petitioner had made a representation to DSSSB to remove the ambiguity in the said letter date of declaration of result by SCERT, which went unanswered. Her request to the DSSSB to permit her to update the requisite documents on the e-dossier portal did not accede to the counsel submitted.
The bench noted in the order of May 9, 2022, that even before the Central Administrative Tribunal (CAT) the respondent DSSSB had contended that the petitioner, like other candidates, was granted two opportunities to upload the relevant documents but she defaulted.

The order passed by the tribunal had opined that sufficient opportunity having been afforded to her, the rejection of her candidature on account of non-furnishing of requisite documents would be interpreted as her not possessing the requisite eligibility.

On the other hand, during the hearing before the Delhi High Court, the counsel for DSSSB stated that the petitioner's case has been reviewed and the petitioner has been declared a successful candidate.
Her e-dossier has been uploaded and she has been provisionally selected, her e-dossier has been sent to the Directorate of Education for appropriate action.

The petitioner had sought three reliefs such as; her appointment should be related back to the date when her batchmates were appointed, secondly, she should be given the back wages and thirdly exemplary cost be imposed upon the respondents for troubling the petitioner and constraining her to expend monies for the past two years in pursuing her cases before CAT and the High Court.

She has referred to the letter of April 1, 2022, issued by DSSSB admitting the fact that she was not granted an opportunity to upload the deficient document in the e-dossier. (ANI)