Pinki vs DEPARTMENT OF EDUCATION on 30 October 2026

CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH 61/35, COPERNICUS MARG,NEW DELHI-110001 Order Sheet Item no.: 1 O.A./4289/2026 (DELHI) [ APPOINTMENT ] Court No.: 2 No of Adjournment: 1 Order Dated: 30/10/2026 PINKI Vs DEPARTMENT OF EDUCATION

For Applicant(s) Advocate : Mr. Rajesh Kumar Chauhan For Respondent(s) Advocate : Mr. S Rajappa, Mr. S K Chaturvedi, Mr. Dilbagh Singh Order of The Tribunal After notice, the matter is listed today for consideration of applicant's prayer for grant of interim relief in the form of a direction to the respondents to allow the applicant to provisionally participate in the interview for the post of PGT (Special Educator) under the SC category.

2. Learned counsel for the applicant presses for grant of interim relief. He further submits that the applicant participated in the selection process initiated by the respondents for the aforesaid post in response to their advertisement in this regard under the SC (PwD) category. He submitted that the required PwD certificate could not be produced by the applicant before the respondents, however, the applicant was allowed to participate in Tier-I and Tier-II of the written examination and she was found successful therein but the respondents are not allowing the applicant to participate in the ongoing interview for the said post on the ground that the applicant has not produced the requisite certificate of his belonging to PwD category.

3. Learned counsel for the applicant has argued that even if the applicant has not produced the certificate of her belonging to PwD category, however, she is not only eligible to be considered for selection and allowed to participate in the relevant interview under SC category inasmuch as there is no dispute that the applicant has applied under SC (PwD) category.

4. On the other hand, Mr. Rajappa, learned counsel appearing for the respondents submits that identical relief(s) granted by this Tribunal in catena of cases were challenged by the respondents before the Hon'ble High Court of Delhi by way of Writ Petition(s) and the Hon'ble High Court has stayed the order(s)/direction(s) of this Tribunal as being sought by the applicant. He submits that even the cases where candidates belonging to PwD category were allowed by this Tribunal in absence of requisite PwD certificate being shown by them, but such order(s) have been stayed by the Hon'ble High Court on 28.10.2026. He submits that such order of the Hon'ble High Court has not been uploaded on the website of the Hon'ble High Court, and therefore, he is not in a position to place the same on record. He further submits that he may be allowed to place on record a copy of such order. He further adds that even if the applicant is not allowed to provisionally participate in the said interview for a day or so, no irreversible loss is likely to be suffered by the applicant as the interview is still going on.

5. Learned counsel appearing for the respondents/CBSE submits that CBSE is yet to receive a copy of the paper book.

6. Learned counsel for the applicant submits that though he has served a soft copy of the paper book to the learned counsel stated by the Registry to be the standing counsel for the CBSE, however, he undertakes to supply a copy of the same to him during course of the day.

7. Learned counsel for the applicant further submits, under instructions, that he will file an affidavit of the applicant that even in absence of requisite certificate of her belonging to the PwD category, the applicant was allowed to participate in Tier-I and Tier-II examination as a normal candidate under SC category and the applicant has not availed any concession of time, etc. while appearing at such Tier-I and Tier-II examination. He seeks and is allowed a day's time to file such affidavit.

8. In view of the aforesaid, at the request of the learned counsels for the parties, re-notify the matter on 04.11.2026 for consideration on applicant's prayer for grant of interim relief.

Sanjeeva Kumar Member (A) R. N. Singh Member (J) Dhruv Mehra ( steno 'd' )