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Judgment
O R D E R
Ms. Nita Chowdhury, Member (A):
Heard.
This Original Application is filed by the applicant seeking the following reliefs:-
“(i)Declare the action of respondents in not issuing e-admit card to the applicant as arbitrary, illegal and violative of article 14 & 16 of Constitution of India; and
(ii)Direct the respondents to accept her application form for appointment and further declare her eligible for appointment to the post of PGT (Pol. Science) in Directorate of Education, GNCT of Delhi (Post Code 115/17); and
(iii)Direct the respondents to appoint the applicant to the post of PGT (Pol. Science) in Directorate of Education, GNCT of Delhi (Post Code 115/17) subject to suitability and other eligibility conditions with all consequential benefits including seniority and arrears; and
(iv)pass such other and further orders which their lordships of this Hon‟ble Tribunal deem fit and proper in the existing facts and circumstances of the case.”
Brief facts of the case, as enumerated in the OA, are that on 20.12.2017, DSSSB (Respondent No.2) issued advertisement no.04/2017 (Annexure A-1) whereby applications were invited for filling up various posts, including the post of PGT (Pol. Science) in Directorate of Education, Govt. of NCT of Delhi (Post code 115/17). The closing date of application was 31.1.2018.
The said application was to be submitted online. There were various steps involved in filling up application form. The applicant filled up all particulars and submitted the application online for the said post on 17.1.2018. In the click option, it was shown „you are finally submitted‟ but the status option could not be opened due to heavy load on DSSSB website.
After waiting for 2-3 days, applicant went to the office of DSSSB in person and apprised the DSSSB officials about his aforesaid problem. The official at window service informed applicant that she would receive massage regarding defects/errors in the application, if any, after cut-off date and she would get a chance to remove the same. But applicant did not receive any message, therefore shoe believed that her application was accepted.
The written examination for the said post is scheduled for 12.8.2018 and as per information provided on website the e-admit card could have been downloaded from 6.8.2018 onwards. The applicant tried whole day to download and get print out of e-admit card on 6.8.2018 but when she failed to do so, she appraised the DSSB about her difficulty through e-mail, in the evening of same day (Annexure A-4).
On next day, applicant approached the DSSSB for helping her out in getting e-admit card, but official at window service shown their reluctance. The applicant submitted the written application on 8.8.2018 but till date they have not taken any decision on the same.
Feeling aggrieved by the aforesaid inaction on the part of the respondents, the applicant has left with no option except to approach this Tribunal.
During the course of hearing, learned counsel for the applicant reiterated the aforesaid facts.
As per the applicant‟s own submission, on 17.1.2018, she submitted her application online for the post in question but the status of the same could not be opened, due to heavy load on DSSSB website, which shows that she knew that her application might have not been accepted online. In this regard, she also visited in the office of DSSSB and stated that she was told that she would receive message regards defects/errors in her application, if any, after cut-off and she would get a chance to remove the same but when she did not receive any message, therefore, she believed that her application was accepted.
The contention of the applicant that she tried to download her e-admit card on 6.8.2018 and when failed to do so, she submitted e-mail to the DSSSB in this regard in the evening of same day but having regard to Annexure A-4 dated 17.7.2018 issued by DSSSB which provides as under:-
“Note:
The candidates for the above post code may download their e-admit card from the website of the Board i.e dsssbonline.nic.in between 02/08/2018 (10 a.m.) to 08.08.2018 (11.59 p.m.).
xxxx xxxx xxxx xxxx
…… 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] upto 08.08.2018 (3.00 PM). No request will be entertained by any other source of correspondence in this regard.
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.” (emphasis supplied) we find that the applicant has not stated about what she has did in this regard on 7.8.2018 and 8.8.2018 and what compelled her to submit her email on 6.8.2018 despite the fact that time for downloading the e-admit card and sending the email, if a candidate finds any difficulty in downloading e-admit card, as stated above, upto 8.8.2018 and only when the candidate failed to download e-admit card upto 8.8.2018 (3.00 P.M.), he/she may contact the Board office only through e-mail [email protected] and no request will be entertained by any other source of correspondence in this regard. If the applicant was not able to download her e-admit card, she ought to have submitted her email to the said email address on 8.8.2018 and there was no provision of sending any written request in this regard. When the applicant was able to send written application on 8.8.2018 but why she has not sent any email on 8.8.2018 in this regard is not stated in this OA.
In view of the above, for the foregoing reasons, we do not find any ground for issuance of notice in this matter. Accordingly, the present OA being devoid of merit is dismissed at the admission stage itself. MA 3391/2018 is also disposed of accordingly. There shall be no order as to costs.