Central Administrative Tribunal - Delhi
Meetu Yadav vs Staff Selection Commission on 28 February, 2023
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Item No. 22(C-3) O.A. No. 4449/2015
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH: NEW DELHI
O.A. No. 4449/2015
This the 28th day of Feburary, 2023
Hon'ble Mr. Ashish Kalia, Member (J)
Hon'ble Dr. Anand S. Khati, Member (A)
1. Meetu Yadav (Thumb impression missing L.T.I.)
D/o Sh.Om Parkash Yadav
R/o V.P.O. Tuman, Tehsil Kosli, Distt. Rewari,
Haryana. (Age 24 years)
(Roll No. 2201350342)
2. Rahul Pandey (Thumb impression missing L.T.I.)
S/o Sh.Anirudh Pandey
R/o 27, L-E, Opp. Old Raice Mill
Budha Nagar, Rustampur, Gorakhpur, U.P.-273016.
(Age 28 years) (Roll No.3007006927)
3. Ajit Kumar Sahoo
S/o Sh.
R/o Ambalal Ranchhodbhai Patel
Srinath Residency
Balasinor, Mahisagar Gujarat-388255.
(Age 33 years)
(Roll No. 7001725278)
4. Ashwani (Roll. No. incorrectly filled)
S/o Late Sh. Mahi Pal Singh, R/o D-1/329, Block
Harsh Vihar, Delhi-110093.
(Age 31 vears)
(Roll No.2201113481)
5. Romil Kurya (Test Form No. wrongly filled)
S/o Sh. Dinesh Kurya
R/ Moti Nagar, Delhi-110015.
(Age 24 years)
(Roll No.2201270815)
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Item No. 22(C-3) O.A. No. 4449/2015
6. Pooja (Roll. No. incorrectly filled)
D/o Sh. Ranjeet Singh
R/o V.P.O. Indri Tehsil Nuh, Distt. Mewat, Haryana.
(Age 25 years)
(Roll No.2201345875)
7. Stuti Shandil (Roll. No. incorrectly filled)
D/o Sh.Sushil Kumar
R/o 682/II, NH-4, Faridabad, Haryana-121001.
(Age 22 years)
(Roll No.2201189818)
8. Kanika Malhotra (Roll. No. incorrectly filled)
D/o Sh.Ram Kumar Malhotra, R/o Pkt-E, 122/B,
L.I.G. Flats, Dilshad Garden, Delhi-110095.
(Age 22 years)
(Roll No.2201081047)
9. Satish Kumar (Roll. No. incorrectly filled)
S/o Sh. Balwan Singh
B/o V.P.O. Bagru Kalan Tehsil Safidon, Jind,
Harvana-126112.(Age 26 years)
(Roll No.2201120875)
10. Pervez Khan (Ticket No. wrongly filled mistake only
one oval)
S/o Shakeel Khan
R/o H. No. 7010, Gali Kar Khane Walis, Beri Wala
Bagh, Azad Market, Delhi-110006.
(Age 27 years)
(Roll. No.2201116749)
11. Jyoti (Test Form No. wrongly filled due to an extra tick
mark)
D/o Sh. Hawa Singh, R/o V.P.O. Teent Distt. Rewari
Haryana-123101.
(Age 25 years)
(Roll No.2201227750)
12. Rajni (Test Form No. wrongly filled due to an
extra tick mark)
D/o Sh.Om Parkash
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Item No. 22(C-3) O.A. No. 4449/2015
R/o Ward No. 14, Brahman Mohalla, Beri Road (Age
22 years)
(Roll No. 2201316756)
13. Sonali (Test Form No. wrongly filled)
D/o Sh.A.K. Mittal
R/o 25/104, Street No. 14,
Vishwas Nagar, Shahdaa Delhi-110032.
(Age 26 years)
(Roll No.2201165455)
14. Hemlata (Test Form No. wrongly filled)
D/o Sh.Jasbir Singh
R/o V.P.O.
Tehsil Bahadurgarh, Distt. Jhajjar, Haryana.
(Age 25 years)
(Roll No.2201382467)
15. Nishant (Test Form No. wrongly filled)
S/o Sh.Narender
R/o H.No.260, Sector-23, Sonipat, Haryana-13100.
(Age 23 years)
(Roll No.2201049572)
16. Simpy
D/o Sh. Krishan
R/o H.No.642, Dada Maldev Wali Gali, Village
Bajitpur,
Post Office Nangal Thakaran
Delhi-110039.
(Age 22 years)
(Roll No.2201194852)
17. Narender Kumar
S/o Sh. Balbir Singh, R/o H.No.284, V.P.O. Rajapur,
Shastri Nagar, Ghaziabad, U.P.-201002.
(Age 29 years)
(Roll No.2201305214)
...Applicants
(By Advocate: None)
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Item No. 22(C-3) O.A. No. 4449/2015
Versus
Staff Selection Commission,
Through its Chairman,
Headquarters, Block No.12, CGO Complex,
Lodhi Road, New Delhi-3.
...Respondents
(By Advocate: Mr. Gyanendra Singh)
ORDER (ORAL)
Hon'ble Mr. Ashish Kalia, Member (J) In the present OA, the applicant has prayed for the following reliefs:-
"i. direct the respondent to consider the applicants further in respect of CGLE-2015 and in the event of their obtaining merit in the selection process, they be appointed in accordance with rules and law. ii. May graciously be pleased to direct the respondent/SSC to allow the applicants to participate in the ongoing selection process and issue admit cards for Tier-II if found that the applicants score more maries that the cutoutlist.
iii. Award costs of the proceedings.
iv. pass any other order/direction which this Hon'ble Tribunal deem fit and proper in favour of the applicants and against the respondents in the fats and circumstances of the case."
2. Brief facts of the case are that the applicants are aggrieved by the decision of the respondents vide which they have been excluded from further participation in Combined Graduate Level Examination. 2015 as they have 5 Item No. 22(C-3) O.A. No. 4449/2015 been awarded zero marks in the Tier-I Examination due to error in filling up of roll numbers in the OMR answer sheets, missing of thumb impression and filling up of test form number wrongly etc. Consequent upon the same, the applicants made several representations which were not responded to by the respondents, even no information has been provided under RTI sought by them. It is also submitted in the OA that SSC proceeded to hold the Tier-II Examination 25.10.2015 and 26.10.2015 to the exclusion of the applicants.
3. Heard both the parties and perused the materials on record.
4. At the outset, learned counsel for the respondents has relied upon an order dated 16.12.2020 passed by this Tribunal in OA No.1663/2020. The relevant portion of the same is as under:
"9. It is settled law that a coordinate Bench cannot take a contrary view and in event there was any doubt, a coordinate Bench only can refer the matter for consideration by a Larger Bench, as has been ruled by the Hon'ble Apex Court time and again. We do not have any doubt to held that the issue raised in the present OA is identical to that in the cases referred to and relied 6 Item No. 22(C-3) O.A. No. 4449/2015 upon by the learned counsel for the respondents and referred to hereinabove.
10. Accordingly, the present OA is dismissed. However, in the facts and circumstances, the cost is made easy."
5. In view of the aforesaid statement, we hereby find that the present OA is liable to be dismissed in light of the order dated 16.12.2020 passed by this Tribunal in OA No.1663/2020 (supra).
6. Accordingly, the OA is dismissed as above.
There shall be no order as to costs.
(Dr. Anand S. Khati) (Ashish Kalia)
Member (A) Member (J)
/yaksh/