Central Administrative Tribunal - Kolkata
Debashis Roy vs Staff Selection Commission on 20 February, 2025
1 O.A./350/164/2020
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA
OA/350/164/2020
Date of Order: 20.02.2025
Coram: Hon'ble Mr. Manish Garg, Judicial Member
Hon'ble Mr. Anindo Majumdar, Administrative Member
Shri Debashis Roy, son of Sri Dulal Roy, aged about 31 years, by
occupation Unemployed, residing at Village Garapota, Post
Office- Nadia, Garapota, District Nadia, Pin-741502.
..........Applicant
-Versus-
1. Union of India, service through the Secretary to the
Government of India, Ministry of Personnel, Public Grievance
and Pension, Block No.12, Kendriya Karyalay Parisar, Lodhi Road,
New Delhi-110504.
2. The Chairman, Selection Staff Commission, Department of
Personnel and Trainings, Ministry of Personnel, Public Grievance
and Pension, Block No.12, Kendriya Karyalay Parisar, Lodhi Road,
New Delhi-110504.
3. The Regional Director, Eastern Regional Office, Staff Selection
Commission, Nizam Palace, 1st MSO Building (8th Floor), 234/4,
Achaya Jagadish Chandra Bose Road, Kolkata 700020.
4. The Deputy Director, Eastern Regional Office, Staff Selection
Commission, Nizam Palace, 1st MSO Building (8th Floor), 234/4,
Achaya Jagadish Chandra Bose Road, Kolkata 700020.
.............Respondents
For the Applicant : Mr. A K Manna; Counsel
For the Respondents : Mr. P N Sharma; Counsel
O R D E R (O R A L)
Per: Hon'ble Mr. Manish Garg, (J):
1. Ld Counsel for both the parties are present.Digitally signed by Subhrajit Koley
DN: C=IN, O=Personal, T=3539, OID.2.5.4.65= 133591138022710223v284IA59zvRrBc, Phone= ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, Subhrajit Koley PostalCode=712139, S=West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN= Subhrajit Koley Reason: I am the author of this document Location:
Date: 2025.03.10 18:04:20+05'30' Foxit PDF Reader Version: 2024.3.0
2 O.A./350/164/2020
2. Heard.
3. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief(s):-
"(a) An order holding that the applicant is entitled to be recommended by the respondents for appointment as MTS (Non-
Technical) in the Central Govt. Offices/Departments since he succeeded in the MTS, (Non Technical) Examination, 2011 even as belonging to unreserved Category.
(b) An order holding that there was no intentional mis declaration for which the applicant's candidature could be cancelled and applicant's claim in connection with Examination 2011 could be forfeited.
(c) An order quashing the impugned Memorandum, dated 25.03.2019 that cancelled applicant's candidature as well as forfeiture of applicant's claim.
(d) An order issuing direction upon the respondent authorities to recommend applicant's candidature for appointment in the Central Government Offices/Departments in the grade of MTS (Non Technical)
(e) An order issuing directions upon the respondents to produce/cause production of all relevant records.
(f) Any other order or further order/orders as this Hon'ble Tribunal may deem fit and proper."
4. Ld Counsel for the applicant submits that the instant OA has been filed by the applicant basically challenging the Office Memorandum dtd. 25.03.2019, issued by the Dy. Director, Staff Selection Commission (ER), 1st MSO Building, Nizam Palace, Kol- 20. For the purpose of ready reference the said Office Memorandum is quoted as under:
"With reference to his candidature for Multi Tasking (Non-Technical) Staff Examination. 2011, Shri Debashis Roy (Roll No.4410621033) is hereby informed that during scrutiny of his candidature it has been found that he has provided the following information regarding status of his category at various stages of the recruitment process:
I. During application stage he left the Category column (point 10) blank;
II. In his OMR Sheet he has filled up the Category column as ST; and III. During document verification, he submitted SC certificate.
2. In view of the above, Shri Debashis Roy was, therefore, directed to submit his written explanation as to why he mentioned different status of his category at different stages of the Examination vide this office memorandum of even number dated 29.10.2018 issued to him through speed post, failing which his candidature for the above examination would be liable to be cancelled without further intimation to him.Digitally signed by Subhrajit Koley
DN: C=IN, O=Personal, T=3539, OID.2.5.4.65= 133591138022710223v284IA59zvRrBc, Phone= ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, Subhrajit Koley PostalCode=712139, S=West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN= Subhrajit Koley Reason: I am the author of this document Location:
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3. In response to the aforesaid memorandum dated 29.10.2018, Shri Roy vide his reply dated 13.11.2018 has submitted that he left the category column blank in the original application of the examination unintentionally and category column in the OMR sheet of the examination was mistakenly filled by him as ST in place of SC as it was the first ever experience and first competitive examination. Therefore, Shri Debashis Roy misled the Commission by way of giving wrong information in the Application Form regarding status of his category which could not be substantiated by the certificate provided by him. Moreover, he failed to give satisfactory explanation in this regard.
4. Candidature of Shri Debashis Roy for the above-mentioned examination is hereby cancelled on the grounds stated above as per the provisions stipulated in the Notice of the said Examination. Simultaneously, he has forfeited all claims of appointment through the above mentioned examination."
5. Ld Counsel for the applicant submits that he does not dispute the fact that the category column was kept blank unintentionally by the applicant in his application form. He further submits that vide Office Memorandum dtd.
10.06.2015 issued by the Asstt. Director (Nomination), SSC, the applicant was called upon to produce following documents:
"i) Certificates and Marks Statements of all his academic examinations viz. Matriculation, Higher Secondary/Intermediate, etc in original;
ii) Certificates in prescribed format in support of his claim for belonging to SC/ST/OBC/EXS/ PH category (whichever applicable) in original;
iii) His Voter Identity Card/Aadhar Card/PAN Card/Driving License/Passport etc. in support of his identity in original;
iv) Documents available with him in connection with the said examination viz candidate's copy of Admission Certificates, Call letter for verification etc. in original.
v) Two copies of passport sized Photographs."
6. Ld Counsel for the applicant submits that upon submission of the said documents and after getting no appropriate reply from the respondents a RTI application was preferred by the applicant and in response to the RTI application the respondents replied to the applicant vide Office Communication dtd. 03.12.2015 which is as under:
"With reference to your application under RTI Act, 2005 dated 17. 11.2015 received in this office on 19.11.2015, it is to inform you that,
1.-2. Your dossier containing your application and other documents bearing your handwriting and signature, has been sent to a Govt. Agency for verification of authenticity of documents and your identity.Digitally signed by Subhrajit Koley
DN: C=IN, O=Personal, T=3539, OID.2.5.4.65= 133591138022710223v284IA59zvRrBc, Phone= ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, Subhrajit Koley PostalCode=712139, S=West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN= Subhrajit Koley Reason: I am the author of this document Location:
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3. The information is not available with this Public Authority. The information is available with the Department/Office who will issue appointment letter to you (in case of your nomination).
4.-7. No information is available with this Public Authority as your case is pending with the Govt. Agency mentioned in reply to query 1.
2. In case you are not satisfied with this reply, you may prefer the First Appeal to Shri B. Bandyopadhyay, Regional Director, Staff Selection Commission (Eastern Region), Kolkata, the Appellate Authority within one month from the date of receipt of this letter."
7. Ld Counsel for the applicant further submits that while the applicant was running from pillar to post an inquiry had been conducted regarding impersonation of the applicant as such a doubt has arisen in the mind of the respondent authority and thereafter, vide communication dtd. 13.08.2018 the respondents replied to the information sought under RTI Act, 2005 by the applicant. The respondents replied that they do not dispute that in the present case the applicant had impersonated in any manner and there is no adverse CFSL Report in this regard.
8. Ld Counsel for the applicant submits that interestingly thereafter the respondents have issued yet another Office Memorandum dtd. 29.10.2018 which is under:
"With reference to his candidature for Multi Tasking (Non- Technical) Staff Examination, 2011, Shri Debashis Roy (Roll No.4410621033) is hereby informed that the candidate has provided the following caste category at various stages of recruitment process:
I. During application stage he left the Category column (point 10) blank.
II. In his OMR Sheet he has filled up the Category column as ST.
III. During document verification, he submitted SC certificate
2. In view of the above, Shri Debashis Roy is hereby directed to submit his written explanation regarding his mentioning different categories at different stages of the Examination to this office positively within fifteen (15) days of receipt of this memorandum failing which his candidature for the above examination will be liable to be cancelled without further intimation to him."
9. Ld Counsel for the applicant submits that to the said Office Memorandum dtd. 29.10.2018 the applicant had responded vide communication dtd. Digitally signed by Subhrajit Koley
DN: C=IN, O=Personal, T=3539, OID.2.5.4.65= 133591138022710223v284IA59zvRrBc, Phone= ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, Subhrajit Koley PostalCode=712139, S=West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN= Subhrajit Koley Reason: I am the author of this document Location:
Date: 2025.03.10 18:04:20+05'30' Foxit PDF Reader Version: 2024.3.0 5 O.A./350/164/2020 13.11.2018. For ready reference the said representation/ clarification of the applicant is quoted as under:
"In reference to the above, I do hereby state that immediately after the written examination, which held on 27.02.2011, I sent an application dated 09.03.2011 (copy enclosed) through speed post, wherein I stated that the category status in the Admission Certificate was shown as UR instead of SC. And in this respect, I requested you to make necessary correction in the category status. Now, from your Memorandum, it is clear that
1. The category column was left blank in the original Application form unintentionally.
2. The category column in the OMR sheet which has been learnt to have been marked as ST instead of SC by mistake as it was my first ever experience and first competitive examination.
3. In accordance to my letter dated 09.03.2011, I submitted copy of SC Certificate during document Verification. However, so far as I remember and believe, I enclosed copy of my SC Certificate at the time of sending original Application Form. In this regard, it needs to be mentioned that I got my SC Certificate dated 30.07.2009 issued much before the advertisement for recruitment to the post of MTS.
From the above facts and circumstances, it is clear that I actually belong to SC category.
Although, I qualified in the written examination at UR standard and there was no malafide intention behind wrong mentioning of category and leaving blank of category column in the Application Form.
I strongly hope and believe, the above clarification will satisfy your queries.
So, I therefore, once again request your good self to kindly consider my candidature positively and arrange to recommend my name so that I can get offer of appointment at an early date as it is more than 7 years and I have been incurring a huge monetary loss as well as seniority."
10. Ld Counsel for the applicant also points out that the applicant herein had secured 54 rank in the scheduled test therefore he was called for document verification. He also draws our attention to one of the candidates, namely, Ms. Sushmita Das who has been selected under General/ Unreserved (UR) Category having rank of 59 which is apparently below to the rank of the applicant herein. The name of Ms. Sushmita Das appears at Sl. No. 21 of the list of candidates nominated for Multi-Tasking Non-Technical Staff.
11. It is further contented by the Ld Counsel for the applicant that requisites sought vide Office Memorandum dtd. 10.06.2015 had been submitted appropriately by the applicant. According to the Ld Counsel for the applicant the applicant has never claimed to be either a SC or a ST candidate. Even otherwise he states that if a candidate from reserved category secures more Digitally signed by Subhrajit Koley DN: C=IN, O=Personal, T=3539, OID.2.5.4.65= 133591138022710223v284IA59zvRrBc, Phone= ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, Subhrajit Koley PostalCode=712139, S=West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN= Subhrajit Koley Reason: I am the author of this document Location:
Date: 2025.03.10 18:04:20+05'30' Foxit PDF Reader Version: 2024.3.0 6 O.A./350/164/2020 marks, is more meritorious and is found to be more eligible he/she ought to have been offered appointment under General/ UR Category.
12. Opposing the grant of relief Ld Counsel for the respondents relied upon the averments contained in the counter-affidavit. He submits that there has been gross violation of terms and conditions as stipulated in the recruitment notice (advertisement) as well as in the Recruitment Rules (RR). For ready reference Para 12 of Procedure for Online Submission of Application is quoted as under:
"12. Request for change/correction in any particulars in the Application Form shall not be entertained under any circumstances. The Staff Selection Commission will not be responsible for any consequences arising out of non-acceptance of any correction/addition/deletion in any particular filled in application form whatever the reasons may be."
13. Ld Counsel for the respondents further submits that the applicant himself was not clear that which category the applicant would fall in, whether he will fall under SC or ST or UR category. He further relies upon the judgment passed by the Hon'ble Apex Court in (2015) 13 SCC 722 in the case of Charukuri Mani Vs. Chief Secretary, Govt. of Andhra Pradesh & Ors., wherein, the Hon'ble Apex Court has held that, where the law prescribes a thing to be done in a particular manner following a particular procedure it shall be done in same manner.
14. Ld Counsel for the respondents further contends that the terms and conditions stipulated in the recruitment notice (advertisement) as well as in the Recruitment Rules (RR) are sacrosanct on both the parties. He also submits that there is no clarity on the part of the applicant as to whether he falls under SC or ST or UR Category. Merely because the applicant has secured certain marks does not absolve him to comply with the terms and conditions stipulated in the recruitment notice (advertisement) as well as in the Recruitment Rules (RR). Moreover, there is nothing on record which shows Digitally signed by Subhrajit Koley DN: C=IN, O=Personal, T=3539, OID.2.5.4.65= 133591138022710223v284IA59zvRrBc, Phone= ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, Subhrajit Koley PostalCode=712139, S=West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN= Subhrajit Koley Reason: I am the author of this document Location:
Date: 2025.03.10 18:04:20+05'30' Foxit PDF Reader Version: 2024.3.0 7 O.A./350/164/2020 that the applicant has become a successful candidate. He further submits that such merit list or result does not survive at all after a year from the date of its publication, therefore, no appointment can be offered to the applicant herein.
15. Heard Ld Counsel for both the parties and have perused the material on record.
16. Law of appointment/ recruitment/ selection is very clear, it is a well settled law that if a candidate who appears to be belonged to SC/ST category is found more meritorious than the candidates belonging to General/ UR category, that candidate is to be treated as a General/ UR candidate.
17. In the present context, it is apparent that a confusion or doubt had arisen in the mind of the respondents which may have been genuine at a relevant point of time regarding impersonation of the applicant. However, the said impersonation was not found or proven to be genuine in the case of the applicant herein as CFSL Report, even though has not been placed, is presumed to be in favour of the applicant. As per the communication dtd. 08.02.2013 issued by the CPIO & Dy. Director, Staff Selection Commission (ER) addressed to the applicant herein revised vacancy position has been intimated on information sought by the applicant under RTI Act, 2005. The said revised vacancy position is quoted as under:
"Point No. 4 Revised vacancy position State-wise:- West Bengal (UR- 63, OBC-43, SC-04, ST-03, PH-09, ExS-07), Jharkhand ((UR-04, OBC- 04,SC-01, ST-01, ExS-01), Odisha (UR-09, OBC-04, SC-01, OH-01) & A & N Islands (OBC-01) Point No. 5 42 candidates have been recommended. Information on joining of the candidate is not maintained in this office."
18. It is also not in dispute that one Ms. Sushmita Das, belonging to General/ UR category, has been selected with a rank of 59 in the merit list whereas the Digitally signed by Subhrajit Koley DN: C=IN, O=Personal, T=3539, OID.2.5.4.65= 133591138022710223v284IA59zvRrBc, Phone= ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, Subhrajit Koley PostalCode=712139, S=West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN= Subhrajit Koley Reason: I am the author of this document Location:
Date: 2025.03.10 18:04:20+05'30' Foxit PDF Reader Version: 2024.3.0 8 O.A./350/164/2020 applicant's rank in the merit list is 54. The said merit list of the examination is reproduced below:Digitally signed by Subhrajit Koley
DN: C=IN, O=Personal, T=3539, OID.2.5.4.65= 133591138022710223v284IA59zvRrBc, Phone= ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, Subhrajit Koley PostalCode=712139, S=West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN= Subhrajit Koley Reason: I am the author of this document Location:
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19. It has been argued vehemently by the Ld Counsel for the respondents that the vacancy panel has already exhausted as the examination was held in the year 2011 and much water has flown down the bridge, therefore, no relief qua the offer of appointment can be issued at this stage.
20. We may have agreed with the Ld Counsel for the respondents that vacancy panel has expired, however, keeping in view the peculiar facts and circumstances we observe that the cancellation of candidature was made as late as on 25.03.2019 which is the subject matter of challenge in the instant OA and as such neither this Tribunal is not barred or prevented under any provision of law or rule position not to pass appropriate orders for grant of relief in the OA nor there is any impediment for creation of supernumerary post or the applicant can also be adjusted in future vacancy.
21. In view of the same, we find the impugned Office Memorandum dtd. 25.03.2019 is bad in the eye of law since the applicant ranked 54 in General/ UR category, he ought to have been treated as an UR candidate and ought to have been offered appointment under UR category. Therefore, rejection of Digitally signed by Subhrajit Koley DN: C=IN, O=Personal, T=3539, OID.2.5.4.65= 133591138022710223v284IA59zvRrBc, Phone= ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, Subhrajit Koley PostalCode=712139, S=West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN= Subhrajit Koley Reason: I am the author of this document Location:
Date: 2025.03.10 18:04:20+05'30' Foxit PDF Reader Version: 2024.3.0 10 O.A./350/164/2020 candidature of the applicant vide Office Memorandum dtd. 25.03.2019 is liable to be quashed and the same is quashed and set aside.
22. We therefore, allow this OA directing the respondents to offer appointment to the applicant if record reveals that any candidate who has been offered appointment securing lower rank than that of the applicant herein and the said exercise should be completed within 02 months from the date of receipt of certified copy of this order.
23. We also make it clear that the applicant shall also be entitled to the consequential relief only on notional basis with respect to last candidate selected in General/ UR category as per merit list. The applicant shall not be entitled to actual arrears, however, he is entitled to notional seniority and the actual benefit will be accrued from the date of his joining.
24. The respondents Staff Selection Commission is directed to send dossier of the applicant to the user department who will offer appointment to him.
25. We have taken note of the fact that the user department has not been made party over here, however, keeping in view the peculiar facts and circumstances it is the Staff Selection Commission who is the recruiting agency on behalf of the user department has to be very careful in scrutinizing the candidature of the candidates as the career prospects of such candidates get jeopardized on one wrongful action committed on their part in not offering appointment in any point of time. Since it was a combined examination for various departments question of impleading does not arise.
26. With the aforesaid observation and direction the OA is disposed of. No costs.
All pending applications, if any, are also disposed of.
(Mr. Anindo Majumdar) (Mr. Manish Garg)
Member (A) Member (J)
sk
Digitally signed by Subhrajit Koley
DN: C=IN, O=Personal, T=3539, OID.2.5.4.65=
133591138022710223v284IA59zvRrBc, Phone=
ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, Subhrajit Koley PostalCode=712139, S=West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN= Subhrajit Koley Reason: I am the author of this document Location:
Date: 2025.03.10 18:04:20+05'30' Foxit PDF Reader Version: 2024.3.0