Nitesh Kumar Singh v. Navneet Singh

1. This application has been filed by the respondent stating that due to inadvertence in the Judgment dated 02.04.2025, the learned counsel for the respondent failed to point out that the present petition is, in fact, covered by the Judgment of this Court in All India Institute Of Medical Sciences (AIIMS) v. Ms. Kiran Grover, 2024:DHC:5497- DB. Instead, the learned counsel mistakenly submitted that the case was covered by a different batch of petitions, including the Judgment dated 22.05.2024 passed in W.P.(C) 2814/2024, titled Govt. of NCT of Delhi & Anr. v. Rishikesh Sharma. Based on that submission, this Court was pleased to dispose of the petition in terms of the said Judgment.

2. The learned counsel for the respondent reiterates that the present petition is, in fact, covered by the Judgment of this Court in All India Institute Of Medical Sciences (AIIMS) v. Ms. Kiran Grover (supra) as well as the subsequent Judgment of this Court in Govt of NCT of Delhi v. Savita, 2025:DHC:2731-DB.

3. The learned counsel for the petitioners does not dispute the above position, although he submits that the Judgment in All India Institute of Medical Sciences (AIIMS) v. Ms. Kiran Grover (supra) and in Govt of NCT of Delhi v. Savita (supra), do not lay down the correct law.

4. We have considered the submissions made by the learned counsels for the parties.

5. As the Judgment dated 02.04.2025 of this Court was passed based on the submissions of the learned counsels for the parties and by placing reliance on the Judgment of this Court in Govt. of NCT of Delhi & Anr. v. Rishikesh Sharma (supra), we hereby recall the said Judgment.

6. The application is allowed. The Judgment is recalled, and the petition is restored.

7. This petition challenges the Order dated 09.12.2024 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as ‘Tribunal’) in Original Application No. 2340/2024 (O.A.) titled Navneet Singh v. The GNCTD & Others, whereby the learned Tribunal allowed the said O.A. filed by the respondent with the following direction:

8. The respondent herein had applied for the post of TGT (Natural Science) (Male) under the EWS category, pursuant to the Advertisement/ Notification No. 02/2021 dated 12.05.2021, issued by the Delhi Subordinate Services Selection Board (DSSSB) for recruitment to the said post on the requisition of the Directorate of Education (DOE).

9. The closing date for the submission of the online application was 24.06.2021, which was later extended to 04.07.2021.

10. One of the conditions for applying under the EWS category for the said post was that the candidate must possess a certificate issued by the Competent/Notified Authority on or before the cut-off date, pertaining to the financial year 2021-22.

11. In the present case, the respondent, in compliance with the said condition, had produced a certificate issued by the Tehsildar, Palwal dated 12.03.2021.

12. The petitioners, on the understanding that the certificate had been issued during the currency of the financial year itself, did not consider the same to be a valid certificate fulfilling the requirements of the Advertisement.

13. The said decision of the petitioners was challenged by the respondent before the learned Tribunal.

14. The learned Tribunal placing reliance on its earlier Judgment dated 14.12.2023, passed in O.A. No 2486/2022, titled Ms. Kiran Grover v. AIIMS and Recruitment Cell of AIIMS and the clarification/ letter No. 22/229/2023-3HR-III dated 22.05.2024 issued by the State of Haryana, allowed the said O.A.