Hon’ble Mr. Tarun Shridhar, Member (A):-

The present OA articulates the grievance of the

applicant with respect to the action of the respondents

cancelling his candidature for the post of Multi-tasking

Staff (M.T.S) [Non-technical] pursuant to the selection

examination conducted by Staff Selection Commission

(SSC) that is respondent No. 3 in the year 2019. Briefly

stated and as explained by the learned counsel for the

applicant, the applicant cleared the different stages of the

examination successfully and her name was accordingly

placed in the list of selected candidates in view of her

merit. Subsequent to document verification her dossier

was sent to the concerned user department i.e. National

Statistical

Office(Fields

Operation

Division)

Delhi

Regional

Office

during

August

2021.

However,

appointment was denied to her at this stage raising an

objection of mis-match of photograph, handwriting,

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signature etc. This was done without its verification by the

Central Forensic Science Laboratory (CFSL). The request

of the user department to the CFSL for such verification

was not attended to by CFSL citing heavy burden of work

they were saddled with. In the absence of such

verification, the User department on its own returned the

dossier of the applicant to the SSC and since then the

applicant has been knocking at various doors to seek

redressal of her grievance.

2. By virtue of the present OA, she makes following

prayer:-

“i) To quash and setaside the findings of the user department

that the applicant does not match with the photo in the

application form.

ii) To quash and set aside the letters dated 23.22.2021,

23.12.2021, 06.01.2022, 11.01.2022, 10.05.2022, 08.07.2022

whereby the authorities are finding the discrepancy of the

applicant with the photo uploaded in the application form

iii) To further direct the respondents that the applicant be made

to join the duty to the post of MTS(NT) pursuant to the

acceptance of offer of appointment dated 10.08.2021, with all

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consequential benefits including seniority & promotion and pay &

allowances.

OR

In case the authorities, i.e. the SSC and the user department,

National Statistical Office (Fields Operation Division) Delhi

Regional Office, wants to take time in doing any investigation or

enquiry in relation to genunity of the candidature of applicant

then in that case the applicant be given provisional appointment

to the post of MTS(NT)in present selection process subject to

investigation or enquiry conducted by SSC/User Department

AND/OR

iv) Any other relief which this Hon'ble Court deems fit and proper

may also awarded to the applicant.”

3. During the course of the arguments learned counsel

for the respondents has placed before us a document

which is a communication addressed to the senior panel

counsel by the Under-Secretary of (SSC) certifying the

genuineness of the candidature of the applicant. Annexed

to the said communication is a letter written to the Asst.

Director of the user department which too states that the

genuineness of the documents of the applicant have been

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verified through CFSL. Both these communications are

being reproduced below:-

3.1. Letter addressed to Shri B. C Bhatt, Sr. Panel

Counsel, CAT, New Delhi from the Under

Secretary.

“I am directed to refer to your Email dated 08.05.2023 on

the above mentioned OA and to say that the Applicant,

Monika (Roll No.2201137097), a candidate of MTS (NT)

Exam-2019 had been nominated to National Statistical

Office (Field Operation Division) Delhi Regional Office for

taking necessary action regarding her appointment.

However, the National Statistical Office (Field Operation

Division) Delhi Regional Office vide its letter No. A-

20014/8/DR/2020/1545-1546 dated 23.11.2021 intimated

that there was marked difference in the photograph

available on admission certificate vis-a-vis the candidate

who visited their office. Therefore, they requested SSC to

verify the genuineness of the candidate.

2. Accordingly, case of the applic