Delhi High Court
The Chairman Delhi Subordinate ... vs Jyoti & Ors. on 30 January, 2019
$~3 to 14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 30th January, 2019
3
+ W.P.(C) 11470/2018 & CM APPL. 44404/2018
THE CHAIRMAN DELHI SUBORDINATE SERVICES
SELECTION BOARD & ANR. ..... Petitioners
versus
JYOTI & ORS. ..... Respondents
4
+ W.P.(C) 11471/2018 & CM APPL. 44406/2018
THE CHAIRMAN DELHI SUBORDINATE SERVICES
SELECTION BOARD & ANR. ..... Petitioners
versus
SAVITRI MEENA ..... Respondent
5
+ W.P.(C) 11472/2018 & CM APPL. 44408/2018
GOVT OF NCT OF DELHI & ORS ..... Petitioners
versus
AMIT KUMAR & ORS ..... Respondents
6
+ W.P.(C) 11473/2018 & CM APPL. 44410/2018
GOVT. OF NCT OF DELHI AND ORS. ..... Petitioners
versus
SOURAV SHARMA AND ORS. ..... Respondents
7
+ W.P.(C) 11474/2018 & CM APPL. 44412/2018
DELHI SUBORDINATE SERVICES SELECTION
BOARD AND ANR. ..... Petitioners
versus
PUSHPA AND ORS. ..... Respondents
8
+ W.P.(C) 11475/2018 & CM APPL. 44414/2018
THE CHAIRMAN DELHI SUBORDINATE SERVICES
SELECTION BOARD & ANR. ..... Petitioners
versus
KOMAL ..... Respondent
W.P.(C) 11470/2018 & other connected matters Page 1 of 9
9
+ W.P.(C) 11476/2018 & CM APPL. 44416/2018
DELHI SUBORDINATE SERVICES SELECTION
BOARD AND ANR. ..... Petitioners
versus
MS. MANISHA ..... Respondent
10
+ W.P.(C) 11539/2018 & CM APPL. 44666/2018
DELHI SUBORDINATE SERVICES SELECTION
BOARD AND ANR. ..... Petitioners
versus
REENA ..... Respondent
11
+ W.P.(C) 11545/2018 & CM APPL. 44678/2018
DELHI SUBORDINATE SERVICES SELECTION
BOARD AND ANR. ..... Petitioners
versus
BHARTI DEVI AND ORS. ..... Respondents
12
+ W.P.(C) 11546/2018 & CM APPL. 44680/2018
DELHI SUBORDINATE SERVICES SELECTION
BOARD AND ANR. ..... Petitioners
versus
RAKESH AND ORS. ..... Respondents
13
+ W.P.(C) 11589/2018 & CM APPL. 44824/2018
GOVT. OF NCT OF DELHI AND ANR. ..... Petitioners
versus
POOJA ..... Respondent
14
+ W.P.(C) 11633/2018 & CM APPL. 44930/2018
DELHI SUBORDINATE SERVICES SELECTION
BOARD AND ANR. ..... Petitioners
versus
ROOPAM MEHTA AND ORS. ..... Respondents
W.P.(C) 11470/2018 & other connected matters Page 2 of 9
Present: Ms.Avnish Ahlawat, Standing Counsel GNCTD (Services)
with Mr.N.K.Singh, Advocate for the petitioners.
Ms.Aarushi, Ms.Palak Rohmetra, Advocates for the
Petitioners.
Mr.Gaurav Sarawat, Advocate for the respondents in
W.P.(C) 11471/2018
Mr.Prashant Kumar, Mr.M.M.Singh & Mr.S.K.Pal, Advocates
for the respondents in W.P.(C) 11589/2018.
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI
HON'BLE MR. JUSTICE PRATEEK JALAN
PRATEEK JALAN, J. (ORAL)
%
W.P.(C) 11470/2018, W.P.(C) 11471/2018, W.P.(C) 11472/2018,
W.P.(C) 11473/2018, W.P.(C) 11474/2018, W.P.(C) 11475/2018,
W.P.(C) 11476/2018, W.P.(C) 11539/2018, W.P.(C) 11545/2018,
W.P.(C) 11589/2018, W.P.(C) 11633/2018
1. These eleven petitions concern the same examination conducted by
the petitioner Delhi Subordinate Services Selection Board ("the Board"),
hence were heard together and are disposed of by this common order.
2. Service of these petitions had been directed on the respondents as
well as through their respective counsels by order dated 25.10.2018, and it
is recorded in the subsequent order of 13.02.2018, that service is treated as
complete. Although counsel have in fact entered appearance in several of
the cases, at the time of the hearing, only one of the respondents [Savitri
Meena, Respondent in W.P. (C) No. 11471/2018] was represented. By
consent of the learned counsel present, the matter is taken up for final
hearing today.
3. These petitions concern an examination held by the Board pursuant
to an advertisement dated 30.08.2018 for the post of Teacher (Primary)
under post code 16/17 and 01/18. The advertisement dated 30.08.2018
contemplated the examination being held in four batches, on 30.09.2018,
13.10.2018, 14.10.2018 and 28.10.2018 respectively. The common thread
which runs through these cases is that the candidates in question did not
appear for the examination in the batch allotted citing difficulties in
downloading the e-admit cards, and approached the Central Administrative
Tribunal [hereafter referred to as the "Tribunal"] for permission to appear in
subsequent batches. The Tribunal granted such permission, albeit
provisionally, by various interim orders. The Board assails those orders by
means of the present writ petitions. Recording the submissions made on
behalf of the Board, this Court had stayed the impugned order vide order
dated 25.10.2018 on the condition that in case the Board fails in the writ
petitions, it shall hold a separate special examination for the concerned
candidates.
4. As the case turns entirely on the contents of the advertisement dated
30.08.2018, it is reproduced in full, hereinbelow:
GOVT. OF NCT OF DELHI
Delhi Subordinate Services Selection Board
FC-18, Institutional Area, Karkardooma, Delhi -110092.
www.dsssb.delhigovt.nic.in
No.F.55(1396)/DSSSB/Exam/2018/414 Dated: 30/08/18
NOTIFICATION FOR EXAMINATION FOR POST CODE 1/18 INCLUDING
THE CANDIDATES FOR THE POSTCODE 16/17 IN OFFLINE MODE ON
DATED 30.9.2018, 13.10.2018, 14.10.2018 & 28.10.2018
The DSSSB will hold the examination for the candidates of the post of 1/18 including the
candidates for the Post Code 16/17 in OFFLINE Mode i.e OMR based test as per the
examination schedule will be held in four Batches given here under:
EXAMINATION SCHEDULE
Batch Date & Day of Time of Advt. Post Name of Name of the
No. Examination Exam No. Code the Post Organisation/
Department to
which the post
belongs to
I 30.09.2018 10.30 AM 1/18 01/18 Teacher Delhi
(Sunday) to including (Primary) Municipal
12.30 PM 16/17 Corporations
II 13.10.2018 10.30 AM 1/18 01/18 Teacher Delhi
(Saturday) to including (Primary) Municipal
12.30 PM 16/17 Corporations
III 14.10.2018 10.30 AM 1/18 01/18 Teacher Delhi
(Sunday) to including (Primary) Municipal
12.30 PM 16/17 Corporations
IV 28.10.2018 10.30 AM 1/18 01/18 Teacher Delhi
(Sunday) to including (Primary) Municipal
12.30 PM 16/17 Corporations
The declaration of the result of all the four batches of candidates appearing on the
above mentioned dates would be on the basis of the Normalization Formula already
approved by the Board and published vide notice no. 10(271)/Sec.Cell/DSSSB/18/989
dated 11/07/2018 on the DSSSB web-site.
Note:
The candidates of Batch-I whose exams are scheduled on 30.09.2018 for the
above said post code may download their e-admit cards from the website of the
Board i.e. dsssbonline.nic.in between 20/09/2018 (10 a.m.) to 26.09.2018 (11.59
p.m.)
The candidates Batch-II whose exams are scheduled on 13.10.2018 for the
above said post code may download their e-admit cards from the website of the
Board i.e. dsssbonline.nic.in between 03/10/2018 (10 a.m.) to 09.10.2018 (11.59
p.m).
The candidates Batch-III whose exams are scheduled on 14.10.2018 for the
above said post code may download their e-admit cards from the website of the
Board i.e. dsssbonline.nic.in between 04/10/2018 (10 a.m.) to 10.10.2018 (11.59
p.m).
The candidates Batch-IV whose exams are scheduled on 28.10.2018 for the
above said post code may download their e-admit cards from the website of the
Board i.e. dsssbonline.nic.in between 18/10/2018 (10 a.m.) to 24.10.2018 (11.59
p.m).
Candidates are advised to update their e-mail address/mobile number for any
future communication.
Detailed instruction to download e-admit cards have been given on the official
website of the Board. In case any candidate finds any difficulty in downloading
the e-admit card, he/she may contact the Board office only through e-mail
[email protected] till the last date of issue of their respective e-admit cards i.e.
upto 26.09.2018 (3..00PM), 09.10.2018 (3.00PM), 10.10.2018 (3.00PM), and
24.10.2018 (3.00PM). No request will be entertained by any other source of
correspondence in this regard. No request for issue of e-admit cards shall be
entertained after the expiry of issue of e-admit cards.
No individual intimation for any further activity/process will be sent to the
candidates and they are advised to visit website of the Board regularly for any
further information.
Detailed Instructions, Guidelines, Prohibited Items and Dress Code etc.
relating to aforesaid post codes are available on the website of the Board:
www.dsssb.delhigovt.nic.in.
Deputy Secretary of Exam: DSSSB"
5. The following significant features of the examination process are
evident from the said advertisement:
a) Each candidate was to appear in a particular batch of the
examination.
b) The candidates of each batch were notified of the period during
which they would be able to download their e-admit cards from the
Board's website.
c) The candidates were advised to update their e-mail address / mobile
number for future communication.
d) It was specifically provided that in case of any difficulty in
downloading the e-admit card, the candidate may contact the Board
only through the specified e-mail address. Such communication was
to be made by 3:00 PM on the last date designated for issuance of the
e-admit card for the batch in question.
e) It was also provided that no request in any other form would be
entertained, and that none would be entertained after the expiry of the
time specified issue of e-admit cards.
f) The candidates were warned that no individual intimation for any
further activity/process would be sent and were advised to regularly
visit the Board's website for further information.
6. Although there is some factual variation in the cases before us, the
facts of W.P.(C) 11470/2018 are illustrative. The nine respondents therein
[applicants before the Tribunal] all approached the Tribunal stating that
they had completed the application procedure by 26.09.2018 but had not
been issued admit cards for the examination held on 30.09.2018. They
stated that they had tried to download the admit cards between 24.09.2018
and 29.09.2018 but were not able to do so on account of technical problems
with the website and internet, and had made enquiries at the Board's office
between 01.10.2018 & 05.10.2018. They claimed to have become aware
that the examination will also be held on 13.10.2018, 14.10.2018 and
28.10.2018 and sought interim relief of permission to participate in the
exams on the said dates. As aforesaid, the Tribunal by its interim order
dated 10.10.2018 provisionally permitted their participation in the
examination, which has led to the filing of the writ petition by the Board.
7. Although, in some of the other cases, representations were allegedly
made by the candidates [including a few by e-mail], it is undisputed that
none of the candidates complied with the requirement of raising their
grievance by e-mail within the time specified.
8. Ms.Avnish Ahlawat, learned counsel appearing for the Board,
pointed out the instructions with regard to the mode of communication and
the time by which the grievance was required to be raised by the candidate.
Although candidates were advised that no individual intimation of any
activity or process would be sent, and that they were required to visit the
Board's website for information, she stated that the Board had in fact kept
the candidates informed by text messages ("SMS") on their mobile
numbers.
9. Having heard learned counsel for the parties, we are of the view that
the Tribunal's directions were entirely unjustified. The instructions given
by the Board were clear and unambiguous, both as to the mode of raising a
grievance about the inability to download the e-admit card, and the time
within which such grievance must be raised. There was no material before
the Tribunal to indicate that the applicants before it had ventilated their
grievance in accordance with those instructions. The sketchy
representations, many of them identical in content and format, with only
names and roll numbers filled in by hand, were neither compliant with the
requirement that the representations be made by e-mail nor were they sent
within the time in question. Even those who did e-mail their grievance, did
not do so within the designated time. The candidates had been forewarned
that any difficulty in downloading the e-admit card must be raised in the
manner provided and none other. The Board's instructions did not admit of
any other interpretation; they were unequivocal in this respect, which
prospective teachers ought to have been able to comprehend and follow.
10. Further, the Tribunal disregarded that its interim order enabling
candidates to appear at a subsequent sitting of the examination also posed
an unreasonable logistical burden upon the Board. The examination in
question attracted a very large number of candidates (approximately
1.38 lakhs) and the exercise of examining them was required to be
conducted in a well regulated and disciplined manner. The impugned
orders of the Tribunal, in some cases ex-parte, neither took these
considerations into account, nor were they cognizant of the principles
governing grant of interim orders, inasmuch as, they were both mandatory
in nature, and virtually granted final relief to the respondents at an interim
stage.
11. In view of the above, the abovementioned writ petitions are allowed
and the impugned orders of the Tribunal are set aside.
12. No orders as to costs.
W.P.(C) 11546/2018
Although this petition is also in respect of the same examination as
the eleven cases dealt with above, the issues raised therein are of a different
nature. It would, therefore, be appropriate if this writ petition is heard
separately.
List on 15th February, 2019, for directions.
PRATEEK JALAN, J.
VIPIN SANGHI, J.
JANUARY 30, 2019
'hkaur'
