Ankit Chaudhary vs Govt. Of NCT Of Delhi

L. Narasimha Reddy, J

The applicant was a candidate, for selection to the post of PGT (Sociology) in the Education Department of Government of National Capital

Territory of Delhi, in response to an advertisement issued in the year 2017 by the DSSSB. In the list of selected candidates, his name did not figure.

However, one OBC candidate and one SC candidate who were selected, did not join the post. The user department requested the DSSSB to send the

dossiers of the next candidates, in the merit. The applicant is an OBC candidate and figured next to the one, who did not join. The DSSSB, however,

has taken the view that the dossier cannot be forwarded since the reserve panel expired. This OA is filed with a prayer to direct the respondents to

consider the case of the applicant for appointment to the post of PGT (Sociology).

The applicant contends that the vacancy arose on account of failure of the selected candidate to join within one year and there was absolutely no

basis for the DSSSB in refusing to forward his e-dossier.

On behalf of respondents No.1 & 2, a detailed counter affidavit is filed. It is stated that the communication from the user department was received

after expiry of the life of the panel and accordingly it was not forwarded.

We heard Shri Ajesh Luthra, learned counsel for the applicant, Ms. Avnish Ahlawat and Shri Amit Anand, learned counsel for the respondents, and

perused the record.

It is not in dispute that the applicant figured next to the OBC candidate, who was selected for appointment. However, the selected candidate did not

report. The user department addressed a communication dated 19.03.2020 with a request to send the e-dossier of the immediate next candidate in the

list of merit. May be on account of lockdown or other reason, the DSSSB did not receive it before expiry of the life of the panel. Now that it has

emerged that the user department has send the communication before the expiry of the life of the panel, there should not be any difficulty for the

Commission to send e-dossier of the applicant herein.

Today, it is brought to our notice that the Commission has forwarded the e-dossier of the applicant on 27.01.2021 to the user department. With this,

the grievance of the applicant stands redressed and the OA is closed. The user department shall take necessary steps to issue orders of appointment

to the applicant after verification. We make it clear that the appointment of the applicant shall be prospective from the date of order and he shall not

be entitled to claim any benefit for the period earlier thereto. Pending MA also stands disposed of.

There shall be no order as to costs.