Tribunals and CommissionsDivision Bench(2021) 08 CAT CK 0458

Anshu vs Delhi Subordinate Services Selection Board & Anr.

Central Administrative Tribunal, New Delhi · Decided on 6 August 2021

HON’BLE JUDGES
Manjula Das, Acting Chairman · A.K. Bishnoi, Member (A)
RESULT
Partly Allowed
CASE NUMBER
O.A. No. 1562/2021

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Judgment

11 paragraphs · 381 words

Hon’ble Ms. Manjula Das :

The applicant has filed this OA under Section 19 of the Administrative Tribunals Act, 1985, seeking the following reliefs:-

“i)

Declare that the applicant is entitled to participate in the recruitment exercise undertaken pursuant to Advertisement no.04/20 dated 04.01.2020 “TGT Special Education Teacher” in the category of “Visually Impaired-General” candidate, and accordingly, direct Respondent No.1 & 2 to allow the Applicant to modify her application form;

ii) Alternatively, and in the interim, direct the Respondent No.2 to forthwith accept the Applicant‟s request to avail services of a scribe for undertaking Delhi Subordinate Services Selection Board Examination to be conducted on 08.08.2021;

iii) Pass such other order/s as may be deemed fit and proper in the facts of the present case.”

2.

Ms. Padma Priya, learned counsel for the applicant, submits that inspite of fulfilling all the criteria for inclusion in the category of Persons with Disabilities, the applicant has inadvertently filled the application form under the category of General, instead of „persons with disabilities-visually handicapped. Learned counsel further submits that with a view to modify the category, the applicant approached the respondent with a representation dated 04.08.2021, which was rejected by the respondents.

3.

Learned counsel for the applicant also submits that the respondent no.2 be directed to accept the applicant‟s request to avail services of a scribe for undertaking the DSSSB Examination which is scheduled to be held on 08.08.2021.

4.

Ms. Esha Mazumdar, learned counsel for the respondents, on instruction received from the respondent department, has fairly submitted that though the respondents have no objection to provide the services of a scribe for the aforesaid examination, but change of category is not permissible at this fag end.

5.

In view of the submissions made by the learned counsel for the respondents, on instructions from the respondent department, the prayer contained in Relief Clause 8(ii) is allowed as the respondents have no objection to provide the services of a scribe as sought by the applicant. However, the prayer made in relief clause 8(i) is not permissible at this stage, as the examination is scheduled to be held on 08.08.2021.

6.

With the above observations, the OA stands disposed of.

7.

Pending MA shall also stand disposed of. There shall be no order as to costs.