GOVT OF NATIONAL CAPITAL TERRITORY OF DELHI Vs. SUNITA MUMGAIE
LAWS(DLH)-2007-9-256
HIGH COURT OF DELHI
Decided on September 24,2007

GOVT. OF NATIONAL CAPITAL TERRITORY OF DELHI Appellant
VERSUS
SUNITA MUMGAIE Respondents

JUDGEMENT

VIPIN SANGHI, J. - (1.) The petitioner assails the order dated 9th April, 2003 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (the Tribunal) in OA No.2568/2002 filed by the respondent, and the order dated 23rd June, 2003 passed in RA No. 153/2003 filed by the petitioner, in the aforesaid OA, whereby the Tribunal allowed the said OA and issued a direction to the petitioner herein to issue a letter of appointment to the respondent as TGT (Social Studies) as the last person selected in the SSSC Exam of 1998, ahead of those who have been recruited in the subsequent examinations. Further consequential direction has been issued to the effect that she would be entitled to get seniority from her retrospective date of appointment. The Tribunal by its latter order dismissed the Review Application filed by the petitioner by holding that the same was not maintainable, it being an attempt to re-argue the case on merits.
(2.) A selection process was held by the Delhi Subordinate Services Selection Board (DSSSB) to fill up vacancies of TGT/Language Teaches in the schools run by the petitioner nos. 1 and 2 which arose in 1998-99 or earlier. Amongst others, there were 57 vacancies in the category of TGT (Social Science) (Female), which were notified on 8.5.98, 11.1.99 and 27.9.99. The respondent was a general category candidate who participated in the selection process for a post of TGT (Social Science). The petitioner states that the break up of these vacancies was as follows: 25 General, 5 SC, 23 ST, 4 OBC, = 57
(3.) These vacancies included horizontal reservation for 1 blind and 3 ex-serviceman candidates. This meant that such vacancies were to be adjusted laterally in any of the categories in which such candidates were available. Consequently, a candidate who is physically handicapped/blind, and is selected against the physically handicapped quota has to be placed in the appropriate category, if he also belongs to SC category, he will be selected in that quota and will occupy a slot meant for the scheduled caste candidate in the roster. Similarly, if he belongs to the general category, he will occupy a slot meant for the general category in the Roster.;


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