Synopsis

This judgment by a Division Bench of the Delhi High Court allows a writ petition filed by the Government of NCT of Delhi and the Delhi Subordinate Services Selection Board (DSSSB) challenging an order of the Central Administrative Tribunal (CAT). The CAT had directed the DSSSB to consider the candidature of a candidate (respondent No. 1) for the post of Special Educator (Primary) despite the candidate not possessing the requisite educational qualification (a two-year Diploma in Special Education) as on the prescribed cut-off date (the last date for submission of applications). The High Court set aside the CAT's order, holding that the eligibility criteria must be strictly applied as on the cut-off date and that a qualification acquired after that date cannot confer eligibility. The court reiterated the settled principle that the result of an examination does not relate back to the date of the examination, and the cut-off date for determining eligibility is the last date for submission of applications.

1. Heading for the judgment

Citation: Govt. of NCT of Delhi & Anr. v. Upkar & Anr., W.P.(C) ______/2026, decided on 27.03.2026 (Delhi High Court - DB)
Coram: Hon'ble Mr. Justice Anil Kshetarpal and Hon'ble Mr. Justice Vimal Kumar Yadav (Division Bench)
Core Law: Service Law (Recruitment), Constitutional Law (Article 14, 16).

Delhi High Court sets aside CAT order, holds that eligibility for public recruitment must be determined strictly as on cut-off date; qualification acquired later cannot be considered.

2. Legal framework

This judgment reaffirms the settled principles governing eligibility criteria in public recruitment.

• Constitutional Law:
  Article 14 and 16: The court emphasized that relaxing the cut-off date for a candidate would violate the principle of equality, as other similarly situated candidates who were ineligible as on the cut-off date may have chose

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