Seek Candidates' Eligibility Proof During Submission Of Application To Avoid Cancellation Of Candidature After Shortlisting: Delhi HC To DSSSB

The Delhi High Court has directed the Delhi Subordinate Services Selection Board (DSSSB) to amend its selection process and ask the candidates to upload documents showing their eligibility, caste and other details at the time of submission of the application itself.

A division bench of Justice V Kameswar Rao and Justice Anoop Kumar Mendiratta passed the direction to ensure that in case a candidate is unable to upload the said documents after the results are announced, the DSSSB can rely or consider them after they are uploaded at the time of submission of the application and due verification.

“This is primarily to obviate the cancellation of candidature / appointment of candidate, who is shortlisted for appointment, only on the ground that the documents have not been uploaded,” the court said.

The bench observed while dealing with a plea moved by the Delhi Government and DSSSB against an order passed by the Central Administrative Tribunal, Principal Bench, New Delhi, directing the Board to accept the documents of a woman applicant in hard copy, verify them and also to recommend her claim for appropriate appointment in case she is found eligible.

The candidate had applied for the post of Supervisor Grade-II (code 212/14 reserved for female candidates) under Scheduled Caste category. 

On qualifying the examination, she was directed to upload her e-Dossier. She took a stand before the Tribunal that she could not upload the documents online due to some technical error in the server of DSSSB.

Setting aside the impugned order, the bench noted that while there was no doubt that the candidate did make a representation to the Board for verification of her documents, she failed to upload the same online for the reasons best known to her.

“In the absence of the documents been uploaded before the cut-off date, the consequence must flow,” the bench said.

The matter was disposed of with a direction to the DSSSB to amend its selection process, more particularly with regard to the submission of documents by the candidates.

“It shall call upon the candidates to upload their documents showing their eligibility and caste etc. at the time of submission of the application itself so that even if in the eventuality a candidate is unable to upload the documents after the results are announced, the DSSSB can rely / consider the documents uploaded by a candidate at the time of the submission of the application and verify the same for further action in the selection process,” the court said.

Case Title: GOVT OF NCT OF DELHI AND ORS. v. SHEETAL

Citation: 2023 LiveLaw (Del) 765

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