Full Text
W.P.(C) 640/2015
Date ofJudgment: 26.08.2015 DELHI SUBORDINATE SERVICES SELECTION BOARD & ORS
Petitioner
DELHI SUBOPODINATE SERVICES SELECTION BOARD AND
ORS. Petitioner
2015:DHC:11504-DB
DELHI SUBORDINATE SERVICES SELECTION BOARD & ORS.
DELHI SUBORDINATE SERVICES SELECTION BOARD & ORS.
GNCTD with Ms. Aayushi Gupta, Advocate for petitioners (Item No. 12 to
17).
Mr. V. K. Tandon, Advocate for Respondents (Item No. 12, 15 & 17).
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G. S. SISTANI, J. (ORAL) t
W.P.(0 Nos. 640/2015, 883/2015. 878/2015, 2055/2015, 2831/2015 &
3534/2015
JUDGMENT
1. In the year 2013, as per the requisition of the Health and Family Welfare Department, the petitioner Board vide its advertisement no.01/13, advertised for vacancies for filling up post of Staff Nurse under Post Code 20/2013, 21/2013 and 22/2013. As per the advertisement, applications were invited from prospective candidates in the prescribed OMR Form. W.P.(C) Nos. 640/2015, 883/2015, 878/2015, 2055/2015, 2831/2015 &3534/2015 Page 2of[5]
2. It is the case of the petitioner Board that it has adopted the Optical Mark Reader (OMR) technology for the application forms.
3. The respondents had filled up applications forms online for the post codes 20/13, 21/2013 and 22/2013, pursuant to an advertisement by respondent no. 2 Delhi Subordinate Services Selection Board (DSSSB, petitioner herein) vide its notification no. 01/13 issued in February,
2013. The applications were rejected by the petitioner herein on account of errors in filling up of the application forms. Four Original Applications were filled which have been allowed by a common order dated 2.7.2014. The applicants did not fill up column 12 relating to essential qualifications correctly. The essential qualifications for the post codes in the advertisement issued by the DSSSB wasas under: "For the Post Code 20/13 Staff Nurse. Health & Familv Welfare.
(i) Matriculation or its equivalent
(ii) 'A' Grade certificate in Nursing from a recognised institution. ' (iii)Certificate in Midwifery.
(iv) Should be able to speak Hindustani fluently.
(i) Matric pass from a recognised university / board or equivalent
(ii) 'A' Grade Nurse & Midwife from a recognised institute (iii)Registered with Nursing Council as 'A' grade Nurse & Midwife. For the Post Code 22/13 Nurse 'A' Grade in New Delhi Municipal Corporation
(i) Matric from recognisedinstitutionor equivalent
(ii) Diploma in General Nursing from recognised institution
4. It was further submitted that cols. No. 12 (d), (e) & (f) were in respect ofStaffNurses, Health and Family Welfare, Nurse 'A' Grade in MCD and Nurse Grade 'A' in NDMC respectively. Each of these columns has separate sub headings with regard to
(i) Matricpass or equivalent
(ii) 'A' Grade Nurse &Midwife course (iii)Registered with Nursing Council as 'A' grade Nurse & Midwife (iv)Certificate in Midwifery. The last subheading was in respect of col. 12 (d) Staff Nurse, Health and Family Welfare."
4. In two OAs, the applicants did not fill up column 16 i.e. whether barred in any earlier examination by DSSSB, was wrongly filled up. According to the petitioner, the answer was to be given in Yes or No but the applicants did not fill up this column or incorrectly filled up this column. In one OA, the applicant did not fill up column 11 regarding post code. The petitioners in the OA relied on various judgments. The Tribunal after considering the submissions of the parties, allowed the OAs and quashed the notice of 03.05.2013 and directed the petitioners herein to consider the candidature of the respondents herein for the post they had applied for.
5. Notice was issued in this matter. Today, learned counsel for the petitioner has handed over in court alist ofcandidates. As per the list all the 13 petitioners are eligible but for reason ofincorrectly filling up W.P.(C) Nos. 640/2015, 883/2015, 878/2015, 2055/2015, 2831/2015 &3534/2015 Page4of[5] the form i.e. technical errors. The list handed over in court gives roll number, name, marks and category. It is not in dispute that barring the technical errors in the filling up ofthe form, the respondents herein are otherwise successful.
6. For the detailed reasons stated in the order passed by the Central Administrative Tribunal and the stand taken by counsel for the parties, we see no reason to interfere in the proceedings under Section 226 of the Constitution of India. All the writ petitions are without any merit and are dismissed.
7. The order the Central Administrative Tribunal be complied with within a period of four weeks from today. All the 13 respondents will appear before the office of CC-I Branch, DSSSB, Karkardooma, Delhi on 12^^ September, 2015 at 11:00 AM with all original documents.
C. M. APPL. 1124/2015 in W.P.(C) 640/2015, CM APPL. 1541/2015 in
APPL. 3676/2015 in W. P. (C) 2055/2015, CM APPL. 5090/2015 in
8. In view of the order passed in the writ petition, all applications are dismissed. G.S.SISTANI, J SANGIT^ ^SEHGAL,J AUGUST 26,2015 sc