Central Administrative Tribunal - Chandigarh
Pawan Kumar Yadav vs Ut Police Chandigarh on 19 February, 2026
1
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
ORIGINAL APPLICATION NO.1261/2021
PRONOUNCED ON: 19.02.2026
RESERVED ON: 16.02.2026
CORAM:
HON'BLE MR. SURESH KUMAR BATRA, MEMBER (J)
HON'BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)
Pawan Kumar Yadav S/o Sh. Phool Chand, Aged 39 Years, R/O
Ward No. 06, Sehikalan, Tehsil Surajgarh, Sehikalan, Jhunjhunun,
Rajasthan-333026.
(Group 'C')
.... Applicant
(By Advocate: Sh. Rohit Seth).
Versus
1. Union Territory, Chandigarh Administration, Chandigarh
through its Home Secretary, Department of Home, U.T. Civil
Secretariat, Sector 9, Chandigarh-110009. [email protected]
2. Director General of Police, Union Territory, Chandigarh Police
Headquarters, Additional Deluxe building, Sector 9-D,
[email protected]
3. Senior Superintendent of Police, Union Territory Chandigarh-
cum Chairman Selection Committee, Police HQ, Sector-9,
Chanidgarh-110009. [email protected]
....Respondents
(By Advocate: Sh. Arvind Moudgil, Sr. Advocate with Sh. T.S.
Hundal, Sh. V.K. Arya).
DN: C=IN, S=Haryana, Phone=
KAMLA
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7
f95112c485da704d31, PostalCode=134116, STREET=
DO Chandan Singh HOUSE No1262 First Floor
Sector19 Panchkula, OID.2.5.4.65=
1440e9763d5e4f52bef95c81dbcf9f5b, T=0038,
SERIALNUMBER=
DEVI
a8020b659a8c3d8f8edf96aa669156e2b571c782ec572
4add6afa6fcaed8e465, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
Location:
Date: 2026.03.05 14:46:50+05'30'
2
ORDER
PER: MRS. RASHMI SAXENA SAHNI, MEMBER (A)
1. Present original application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, seeking following relief:-
Quash action of respondents in not passing and conveying any order on the representation of the applicant dated 03/04.01.2019 before declaration of final revised result suo motto on one hand while cancelling his candidature internally allegedly on the basis of declaration given by him ignoring the fact that applicant himself brought to notice of authorities that his caste is OBC and not SC and documents uploaded with the Application Form i.e Caste Certificate and Discharge Certificate from Army reflects his caste, ignoring that after document verification and knowledge of above fact applicant was subjected to Medical Examination and Police Verification in view of his merit position in ESM Category as applicant has obtained 54 marks and candidates from Sr. No.15 to 37 selected in ESM (General) result had lesser marks than the applicant (some of whom did not join) and as such the question of change of category became inconsequential as he was liable to be considered and appointed against ESM (General) category on Own Merit basis and lastly Hon'ble High Court of Pb. And Haryana in
(ii) Declare that the applicant is eligible for appointment as Constable under ESM (General) category on 'Own Merit' as per settled law, against one of the 7 clear available vacancies, from date person immediately below the applicant in merit in aforesaid category was so appointed with all consequential benefits and to direct the respondents to undertake the said exercise within a time bound manner.
2. Facts of the case, as pleaded by the applicant are that the applicant is an Ex-Serviceman and was discharged from Army on 01.07.2015. He was characterized as 'Exemplary' in the discharge certificate. In the month of November, 2015 DN: C=IN, S=Haryana, Phone= KAMLA 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7 f95112c485da704d31, PostalCode=134116, STREET= DO Chandan Singh HOUSE No1262 First Floor Sector19 Panchkula, OID.2.5.4.65= 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= DEVI a8020b659a8c3d8f8edf96aa669156e2b571c782ec572 4add6afa6fcaed8e465, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.03.05 14:46:50+05'30' 3 the respondents issued advertisement to fill 520 posts of Constables in Chandigarh Police. The posts were further sub- categorized into categories i.e. General, OBC, SC which was further sub-categorized as per gender (Male/Female in all categories). Since applicant being Ex Serviceman applied under same Category. The total seats for ESM (General) were 37, ESM (OBC) were 18, ESM (SC) were 12 thereby reflecting allocation of 97 seats to Ex Serviceman. Those ESM in reserved category who fall on own Merit were to be considered against General Vacancy of atleast main category if they were selected without any relaxed standards or in their own General category as ESM forms a homogenous class of its own.
3. The applicant got his form filled through a cyber café helper being resident of a remote area at Sehikalan in Tehsil Surajgarh and since there are less cyber cafes the owner told everyone coming to fill the form that since they consume lot of time, his helper will fill the form. Applicant requested him that he should be allowed to fill the form but since there was rush, there was lot of disturbance and pressure to do fast and in between the cafe helper was also intervening to use key board to fill faster and upload etc. Even the email id for receiving email was given of cyber cafe DN: C=IN, S=Haryana, Phone= by him. While filling the form the category of applicant was KAMLA 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7 f95112c485da704d31, PostalCode=134116, STREET= DO Chandan Singh HOUSE No1262 First Floor Sector19 Panchkula, OID.2.5.4.65= 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= DEVI a8020b659a8c3d8f8edf96aa669156e2b571c782ec572 4add6afa6fcaed8e465, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.03.05 14:46:50+05'30' 4 typed SC though it was in fact OBC, though the Caste Certificate uploaded with the application and the discharge Certificate from Army uploaded with application showed his caste as 'Ahir' and category as 'OBC'. There were other candidates filling the same form and under SC and OBC category too which led to incorrect mentioning. The mistake the caste of applicant under ESM being filled as SC instead of OBC never came to notice of applicant till he saw his name in result of examination in ESM (SC) category rather than ESM (OBC) category. Fact remains that there was no concealment or non disclosure and no intention to get any undue benefit. Though the benefit of Caste became inconsequential as marks of applicant fell in Own Merit category of ESM and he did not have to be reflected in any reserve category. Still being from a disciplined force he thought it to be his duty to bring this fact to the notice of authorities himself suo motto even before document verification was carried out. At no point of time before disclosure, the authorities noticed this fact either.
4. There was no interview as Govt. of India has given up the practice of awarding marks based upon interview to minimize the manipulation and favoritism in the selection at the entry level in Group "C" posts. Hence, the selection is DN: C=IN, S=Haryana, Phone= directly based upon the marks scored by a candidate in the KAMLA 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7 f95112c485da704d31, PostalCode=134116, STREET= DO Chandan Singh HOUSE No1262 First Floor Sector19 Panchkula, OID.2.5.4.65= 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= DEVI a8020b659a8c3d8f8edf96aa669156e2b571c782ec572 4add6afa6fcaed8e465, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.03.05 14:46:50+05'30' 5 written examination. The relaxation provided to ESM of fee, age etc does not alter the merit of selection. The applicant was allotted Roll No. 129113. The selection proceeded under the Standing Order No.1 of 2015.
5. The Ex-Servicemen were to be given priority in offering appointment in their category over and above the wife's and children of the Ex-Servicemen who will be considered if the Ex-Servicemen are not available to fill the post. This fact stands clarified in the Recruitment Rules and in Punjab Government notification dated 02.02.1982 as adopted by U.T. Chandigarh vide notification dated 10.03.2000. The DoPT from time to time based upon the judicial pronouncements of Hon'ble Supreme Court and while discharging its duties as Nodal Ministry has also issued OM's dated 01.07.1998 and 04.04.2018 enforced obligation on Government authorities to consider reserved category incumbents on Own Merit against general vacancies if they score more marks than general candidate. It is submitted that the Standing Order in any case will not over ride the Statutory OM's as notified by DoPT and being followed by Chandigarh Administration.
6. The respondents conducted the Physical Efficiency and Physical Measurements of all the aspirants between April DN: C=IN, S=Haryana, Phone= 2017 to KAMLA July 2017. The applicant cleared the same.
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7 f95112c485da704d31, PostalCode=134116, STREET= DO Chandan Singh HOUSE No1262 First Floor Sector19 Panchkula, OID.2.5.4.65= 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= DEVI a8020b659a8c3d8f8edf96aa669156e2b571c782ec572 4add6afa6fcaed8e465, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.03.05 14:46:50+05'30' 6 Thereafter, admit cards were issued to all the candidates for the purpose of appearing in the written examination to be held by the respondents between 15.11.2018 to 17.11.2018 everyday in two shifts and each candidate was to take the exam online in one shift respectively. Each shift of examination consisted of 100 questions and one mark was to be awarded for each right answer and 25 marks was liable to deducted for each wrong answer as negative marking had been kept. The provisional merit list of candidates based upon written examination was declared by the respondents on 31.12.2018 with marks of candidates, the same contained names of 635 candidates. The applicant obtained 54 marks and his name had been reflected in ESM (SC) list. The candidates in ESM (General) from Sr. No. 15 to 37 had lesser marks than the applicant as also the waiting list of ESM General, 3 out of 17 ESM (OBC's) on merit had less marks than applicant and one out of 6 ESM ((OBC) in waiting had more marks than applicant. After declaration of provisional result and before declaration of revised result the Applicant on 30.01.2019 visited the Computer Section at the Police Headquarter and apprised them of the fact that his name has been shown in ESM (SC) category instead of ESM(OBC) category though the marks scored by him makes DN: C=IN, S=Haryana, Phone= him fall in the own merit category in ESM(General).
KAMLA 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7 f95112c485da704d31, PostalCode=134116, STREET= DO Chandan Singh HOUSE No1262 First Floor Sector19 Panchkula, OID.2.5.4.65= 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= DEVI a8020b659a8c3d8f8edf96aa669156e2b571c782ec572 4add6afa6fcaed8e465, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.03.05 14:46:50+05'30' 7
7. The Applicant submitted representation dated 03.01.2019 vide registered post 04.01.2019 to the respondent authorities explaining the technical mistake which has occurred. The Applicant again met the authorities and on advise submitted affidavit dated 01.03.2019 to the authorities with regard to his caste. He was assured that since he falls in merit of ESM (General), the caste factor will not have any bearing in the matter of his selection. The respondents loaded on the website the answer key relating to all the seven written examinations, the answer key contained 700 questions, objections were called. The respondents after making the necessary amendments and corrections issued a fresh revised merit list of candidates on Feb 2019, without disclosing marks but position of candidates in ESM barely got changed and substantially the position of applicant by comparing names vis a vis score remained unchanged and he still was falling under own merit in ESM. After the declaration of revised result, the respondents called the candidates as per their number in the revised merit list for scrutiny of documents on 05.03.2019.
The applicant was called for being subjected to medical examination for which form was filled on 10.03.2019 in Clause 5(f) in which the caste of applicant was mentioned by DN: C=IN, S=Haryana, Phone= him as OBC correctly. He was called on 15.03.2019 when KAMLA 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7 f95112c485da704d31, PostalCode=134116, STREET= DO Chandan Singh HOUSE No1262 First Floor Sector19 Panchkula, OID.2.5.4.65= 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= DEVI a8020b659a8c3d8f8edf96aa669156e2b571c782ec572 4add6afa6fcaed8e465, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.03.05 14:46:50+05'30' 8 the medical was done and he cleared the same. Thereafter the Police Verification of the applicant was got done vide report dated 15.04.2019 with acknowledgment stamp dated 13.05.2019. The medical examination report and police verification report were supplied vide reply to RTI vide Letter dated 01.09.2021. The exercise of Medical Examination and police verification was done as per Clause 28 and 29 of the Standing Order No.1 of 2015 but the next step of issuing provisional offer of appointment was not done though provided in Clause 30 of Standing Order itself. The applicant again visited the office of SSP UT. Chandigarh who was heading the selection process on 16.07.2019 and apprised him about the facts of his case and that he was awaiting his appointment he also submitted yet another representation dated 20.09.2019 by registered post. The respondents vide public notice called the dependents of Ex-Servicemen to submit willingness for being considered for appointment as Constable by 25.09.2019. Aggrieved against the non offer of appointment, the applicant filed OA No. 269 of 2020 on 05.03.2020 which was dismissed as withdrawn on
08.02.2021 with liberty to file afresh. Thereafter in April, May there was outbreak of 2nd phase of COVID 19.
8. The applicant has submitted that he belongs to Rajasthan DN: C=IN, S=Haryana, Phone= and he had to repeatedly file applications under RTI act KAMLA 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7 f95112c485da704d31, PostalCode=134116, STREET= DO Chandan Singh HOUSE No1262 First Floor Sector19 Panchkula, OID.2.5.4.65= 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= DEVI a8020b659a8c3d8f8edf96aa669156e2b571c782ec572 4add6afa6fcaed8e465, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.03.05 14:46:50+05'30' 9 2005 to seek more information from respondents to re file case with better particulars and received material information under RTI Act relating to his claim on 18.06.2021, 03.09.2021 and 19.10.2021. The applicant after the reduction of COVID-19 pandemic and on the opening of the concerned window and its becoming functional, applied on 10.08.2021, 10.08.2021, 25.09.2021 seeking information under RTI Act, 2005 relating to his claim for appointment as constable under ESM category as also regarding outcome of his representations submitted to the authorities vide letter dated 03.09.2021. Vide letter dated 01.09.2021 the respondents supplied the Medical and Police Verification reports vide letter dated 19.10.2021. The respondents denied having any record of meeting of applicant with SSP on 16.07.2019 and disclosed that his representation dated 03.01.2019 stands filed. Yet another information obtained by another candidate vide RTI dated 21.10.2021 disclosing latest vacancy position, the position of pending vacancies pertaining to the Recruitment in question and filled vacancies on 16.06.2021 under all categories was supplied. From the data obtained under RTI Act, as detailed above, the position that emerges on 16.06.2021 is that as on date 30 persons have been appointed against ESM DN: C=IN, S=Haryana, Phone= (General) Category against 37 total posts including one KAMLA 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7 f95112c485da704d31, PostalCode=134116, STREET= DO Chandan Singh HOUSE No1262 First Floor Sector19 Panchkula, OID.2.5.4.65= 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= DEVI a8020b659a8c3d8f8edf96aa669156e2b571c782ec572 4add6afa6fcaed8e465, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.03.05 14:46:50+05'30' 10 DESM namely Sh. Amit, 14 ESM(OBC's) have joined including 2 DESM's namely Abhinav and Yogender Singh against 18 total posts of ESM(OBC) category and 6 ESM (SC's) have joined including 2 DESM's namely Vicky and Saurav against 12 posts meant for ESM(SC) Category. As on date 7 ESM (Gen) seats, 4 ESM (OBC) seats and 6 ESM (SC) vacancies remain unfilled. Fact remains that if no ESM is available under a category than the wife's and dependants are considered and offered appointment. The last candidate in Female category against OBC post namely Kavita Jogi who was offered and who joined is on 10.11.2020 and last male to be offered and who joined is Neeraj Lhasa who joined against Male General Category on 26.12.2020 itself.
According to applicant, the bonafide request is made by a candidate is for change of category cannot be out rightly rejected and can be acceded too in the light of law settled by Hon'ble High Court of Punjab and Haryana in HSSC vs Sarla in LPA NO.320 of 2019 decided on 20.02.2019. Hence, the present Original Application.
9. The respondents have filed written statement on 11.01.2022 submitting therein that applicant has filled incorrect information in his application that he belongs to SC category instead of OBC category and also given declaration in the DN: C=IN, S=Haryana, Phone= application form that "I hereby declare that the information KAMLA 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7 f95112c485da704d31, PostalCode=134116, STREET= DO Chandan Singh HOUSE No1262 First Floor Sector19 Panchkula, OID.2.5.4.65= 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= DEVI a8020b659a8c3d8f8edf96aa669156e2b571c782ec572 4add6afa6fcaed8e465, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.03.05 14:46:50+05'30' 11 given by me is true and correct to best of my knowledge and belief. In the event of any information being found false or incorrect or in-eligibility at any stage, MY CANDIDATURE MAY BE CANCELLED" (Annexure R-1).
10. As such, the OA deserves to be dismissed on this ground alone. According to respondents, the applicant is guilty of misrepresenting the facts and of supprescio veri and exprescio falsi to the extent that the applicant has completely suppressed true and material facts in the present OA. The fact of the case is that applicant filled online application form for the post of Constable in Ex-serviceman SC category and accordingly, the applicant was considered in SC category. Thereafter, the applicant participated in the Physical efficiency and Physical Measurement during April 2017 to July 2017. Thereafter, admit card was issued to the applicant for the written examination to be held between 15.11.2018 to 17.11.2018. However, the applicant did not raise the issue as to his belonging to OBC category instead of SC category.
11. That after declaring the results of the recruitment, the candidates declared successful were called for the scrutiny of documents on 5.3.2019. However, the applicant, as admitted by him, has submitted representation on DN: C=IN, S=Haryana, Phone= 04.01.2019 by registered post. That the said application was KAMLA 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7 f95112c485da704d31, PostalCode=134116, STREET= DO Chandan Singh HOUSE No1262 First Floor Sector19 Panchkula, OID.2.5.4.65= 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= DEVI a8020b659a8c3d8f8edf96aa669156e2b571c782ec572 4add6afa6fcaed8e465, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.03.05 14:46:50+05'30' 12 duly considered by the Recruitment Cell After detailed enquiry, it is found that the candidate (applicant) applied under SC category and selected in the applied SC category and his selection was cancelled for not providing valid SC certificate. Thereafter, the applicant filed OA No. 269 of 2020 before this Tribunal which was dismissed as withdrawn on 8.2.2021.
12. Since the applicant has himself admitted that in his application form he has filled the category as SC and declared in the form that "I hereby declare that the information given by me is true and correct to best of my knowledge and belief. In the event of any information being found false or incorrect or in-eligibility at any stage, MY CANDIDATURE MAY BE CANCELLED" (Annexure R-1), the respondents has rightly cancelled his candidature and has not issued offer of appointment to the applicant as he failed to submit the SC certificate. As such, the applicant has no ground to file the present OA and the same deserves to be dismissed. The applicant has also misconceived the fact of considering his candidature against Ex-serviceman General Category for treating his candidature in General Category on merit. It is submitted that there is no procedure to consider his merit in general category of his own merit as the DN: C=IN, S=Haryana, Phone= KAMLA 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7 f95112c485da704d31, PostalCode=134116, STREET= DO Chandan Singh HOUSE No1262 First Floor Sector19 Panchkula, OID.2.5.4.65= 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= DEVI a8020b659a8c3d8f8edf96aa669156e2b571c782ec572 4add6afa6fcaed8e465, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.03.05 14:46:50+05'30' 13 vacancy in which he had applied was meant for the Ex- serviceman.
13. Considering all the facts and circumstances, we are of the view, as explained, by applicant (supra) that the mistake in filling the form is inadvertent. We find no concealment of facts as the issue has been suo moto brought to the notice of authorities concerned. The OBC caste certificates uploaded along with form have not been found to be invalid.
Thus, the only error apparent is error in filing the form which according to us is inadvertent. In our view, therefore, the applicant who has otherwise qualified and is eligible must not be denied what is due to him. Hence, OA is allowed and we direct the respondents that the applicant be considered under appropriate category. Appointment letter be offered to him within four weeks on receipt of copy of this order. No order as to costs.
(RASHMI SAXENA SAHNI) (SURESH KUMAR BATRA)
MEMBER (A) MEMBER (J)
Kr/
DN: C=IN, S=Haryana, Phone=
KAMLA
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7 f95112c485da704d31, PostalCode=134116, STREET= DO Chandan Singh HOUSE No1262 First Floor Sector19 Panchkula, OID.2.5.4.65= 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= DEVI a8020b659a8c3d8f8edf96aa669156e2b571c782ec572 4add6afa6fcaed8e465, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2026.03.05 14:46:50+05'30'