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Judgment
S.N. Terdal, J
Heard Mr. Yogesh Sharma, counsel for applicant and Ms.Deepika and Ms.P.S.Tomar, counsel for respondents, and perused the pleadings and all the documents produced by both the parties.
The crucial question in this case is regarding the condition of appointment, namely, subject to production of Original Degree Certificate.
The relevant facts of the case are that after completing the formalities, the applicant was issued an offer of appointment to the post of PGT (History) (Post Code 139/12) by respondent no.2 on the recommendation of the Delhi Subordinate Services Selection Board (DSSSB) vide order dated 12.05.2017. One of the conditions of the acceptance of the offer was the production of Original Degree Certificate. The applicant had fulfilled all the other conditions of offer of appointment and she had also produced original provisional Degree Certificate. But, however, she could not produce the Original Degree Certificate as the University had not issued the same.
The counsel for the respondents vehemently contended that as per the OM bearing no.1259494-Estt.(D) dated 09.08.2017 and as per the terms of the advertisement, and the offer of appointment, the submission of the original certificate was essential condition. Accordingly, they issued the impugned letter dated 22.11.2017 stating as a final reminder, directing the applicant to produce the same within 15 days, failing which the offer of appointment stood cancelled without any further communication. The counsel for the applicant submitted that the applicant is helpless as the University has not issued the Original Degree Certificate so far. She further submitted that even the respondents themselves have written a letter vide file No. DE2(4)/33/2017/E-II/331 dated 08.05.2018 requesting the Assistant Registrar of the University to issue the Original Degree Certificate, yet the University has not issued it, so far.
It is very well known that the Universities do not issue Original Degree Certificate for several years. In the facts and circumstances, the applicant shall not be deprived of the appointment of PGT (History) only on that ground.
In the circumstances, the OA is allowed. The impugned letter F.No.DE 2(8)(11)E-II/DR/PGT/History/17/2559 dated 22.11.2017 is set aside. The respondent No.2 is directed to appoint the applicant within 15 days without insisting for the production of Original Degree Certificate in furtherance of the offer of appointment letter dated 12.05.2017. No order as to costs.