Central Administrative Tribunal - Delhi
Sh. Ramesh Chander vs Staff Selection Commission on 12 August, 2015
Central Administrative Tribunal
Principal Bench, New Delhi.
OA-1092/2013
Reserved on : 07.08.2015.
Pronounced on : 12.08.2015.
Honble Mr. Shekhar Agarwal, Member (A)
Honble Mr. Raj Vir Sharma, Member (J)
1. Sh. Ramesh Chander,
S/o Sh. Om Prakash,
R/o VPO Pharsewala,
Tehsil Padampur,
District Sri Ganga Nagar,
Rajasthan.
2. Rajesh Kumar,
S/o Sh. Subhash Chander,
R/o Chak 6 KYD, 32 Head
Tehsil Khajuwala District Bikaner,
Rajasthan.
3. Yogendra Modi,
S/o Sh. Daoo Dayal Modi,
R/o Out Side Kota Gate,
Sikligaron Ka Mohalla,
District Bikaner, Rajasthan.
4. Vipin Kumar Modi,
S/o Shri Daoo Dayal Modi,
R/o Out Side Kota Gate,
Sikligaron Ka Mohalla,
District Bikaner, Rajasthan.
5. Mukesh Kumar,
S/o Sh. Raja Ram,
R/o Chak 3 N.M. VPO Naharanwadi,
Tehsil Anoopgarh, District Sri Ganga Nagar,
Rajasthan.
6. Kishan Kumar Modi,
S/o Shri Om Prakash Modi,
R/o Under Laxmi Nath Ghatt,
Gadpura, District Bikaner,
Rajasthan. . Applicants
(through Sh. Harshvardhan Singh Rathore for Shri S.S. Shamshery, Advocate)
Versus
1. Staff Selection Commission,
Northern Regional Office,
Block No. 12, CGO Complex,
Lodhi Road, New Delhi-3
Through its Secretary.
2. The Regional Director,
Staff Selection Commission,
Northern Regional Office,
Block No. 12, CGO Complex,
Lodhi Road, New Delhi-3.
3. The Under Secretary,
Staff Selection Commission,
Northern Regional Office,
Block No. 12, CGO Complex,
Lodhi Road, New Delhi-3. . Respondents
(through Sh. S.M. Arif, Advocate)
O R D E R
Sh. Shekhar Agarwal, Member (A) By means of an advertisement published in Employment News/Rozgar Samachar dated 28.04.2012, the respondent Staff Selection Commission (SSC) issued notice for conduct of examination for the post of Stenographers (Grade-C & D). The written examination was held on 29.07.2012. On 29.08.2012, the SSC declared the list of candidates, who had been successful in the written examination and also notified the details of cut off marks. Successful candidates were called for skill test between September to November, 2012. The applicants also appeared in the same on the allotted dates. Final result was declared by the respondents on 07.12.2012. All the applicants herein figured in the list of successful candidates. Applicant No.1 even received offer of appointment as Stenographer Grade-D from the office of Superintending Engineer (Civil), Postal Civil Circle, Ambala. However, on 19.03.2013 by impugned letters, the SSC directed the selected candidates to appear for a fresh shorthand test as per decision taken by the SSC. Aggrieved by the same, the applicants have filed this O.A. before us seeking the following relief:-
(i) Letter dated 19.3.2013 issued by the Staff Selection Commission directing the applicants to appear for fresh short hand test on 5.4.2013 be quashed.
(ii) Direction be passed that Applicants appointed to the posts in their respective departments as per the list dated 7.12.2012 published by the Respondents.
(iii) All consequential benefits may be granted to the Applicants.
(iv) Any other relief, which this Honble Tribunal may deem fit and proper in the circumstances of the case, may also be passed in favour of the Applicants.
(v) Cost of the proceedings be awarded in favour of the Applicants and against the Respondents.
2. On 03.04.2013 this Tribunal while issuing notice to the respondents in this O.A. directed that as an interim measure there shall be stay on fresh shorthand test in respect of the applicants.
3. The contention of the applicants is that the action of the respondents was illegal, arbitrary, mala fide and against settled law as well as principles of natural justice. It was also in violation of Fundamental Rights of the applicants guaranteed under Articles 14, 16 and 21 of the Constitution of India. Such action of the respondents would cause great prejudice and irreparable damage to the applicants, who were expecting appointment letters to be issued on the basis of success in the selection process. According to them, the respondents have acted in an illogical manner by selectively asking a few candidates to undergo fresh shorthand test and that also without assigning any reason. The applicants have relied on the judgment of Co-ordinate Bench of this Tribunal in OA-3944/2013 and connected cases alleging violation of principles of natural justice.
4. In their reply, the respondent SSC has not disputed that the applicants had figured in the list of successful candidates declared by the Commission on 07.12.2012. They have, however, stated that it was decided by the Commission to verify the shorthand transcriptions of all the 1289 qualified candidates. On verification scripts of 39 (36 selected candidates and 03 failed candidates) were found to be doubtful as per the remarks of the evaluators that the dictation taken down is not comprehensible. Accordingly, the Commission decided to take the skill test of these 39 candidates again.
5. We have heard both sides and have perused the material on record. We had directed the respondents to produce the original record of selection. However, after studying the file, we are of the opinion that this case can be disposed of without perusing the original records. Accordingly, we have proceeded to do so without waiting for the original records.
5.1 We have perused the impugned letter dated 19.03.2013 issued by the respondents requiring the applicants to appear for fresh shorthand test. No reason for doing so has been assigned in the same except for the statement that this was being done as per decision taken by the Commission. The respondents did not realize that conducting of fresh shorthand test virtually amounted to cancellation of the earlier selection process, which should have been done only as a last resort. Moreover, the applicants herein had already figured in the list of successful candidates and were hoping to be appointed on the basis of the selection process conducted earlier by the SSC. Calling them for fresh shorthand test even without assigning any reason for doing so was in gross violation of principles of natural justice. Before cancellation of the earlier selection process the respondents should have atleast disclosed reasons for doing so and given an opportunity to the applicants to represent against the same. On this ground alone, the orders passed by the respondent are unsustainable.
5.2 In any case, we do not find justification in the action of the respondents ordering fresh shorthand test. In their reply, the respondent SSC has not disclosed any reason why verification of shorthand transcriptions of all the 1289 candidates was under taken when no complaint from any source had been received. It is also beyond comprehension as to why three failed candidates were also called for fresh shorthand test. The averment of SSC that out of 1289 qualified candidates shorthand transcriptions of all the 36 selected candidates and only three failed candidates were found to be suspicious itself appears to be unbelievable. How misplaced their apprehensions were is borne out by the fact that in the fresh shorthand test conducted by them all the 27 candidates who appeared for the same got selected.
6. We, therefore, find the action of the respondents in ordering a fresh shorthand test to be unsustainable. We quash the letters dated 19.03.2013 issued by SSC to the applicants herein and direct that the applicants be considered for appointment on the basis of the selection process held earlier. When appointed, they shall also be entitled to consequential benefits of pay fixation and seniority. With these directions, the O.A. is disposed of. No costs.
(Raj Vir Sharma) (Shekhar Agarwal)
Member (J) Member (A)
/Vinita/