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2025 Supreme(Online)(CAT) 2815

CENTRAL ADMINISTRATIVE TRIBUNAL
Mr. Rajinder Singh Dogra, Mr. Ram Mohan Johri, JJ
Fouzia Kouser – Appellant
Versus
Home Department – Respondent


Advocates:
Mr. M R Quraishi, Mr. Hunar Gupta, DAG: Mr. Dewakar Sharma, DAG:Mr. Rahul Pant, Sr. Adv with Mr. Aniruddha Sharma for Private Respondents

ORDER

(Delivered by Hon’ble Mr. Rajinder Singh Dogra, Member-J)

1. applicant was provisionally selected for the post of Sub-Inspector, Police in Home Department under the EWS Category and the name of the applicant was figuring at S.No. 86 of the Provisional Select List issued by respondent No.2 vide its notification dated 29.12.2023 and in pursuance of the aforesaid, the respondent No.4 after taken an undertaking and affidavit from the applicant issued a certificate bearing No. Misc/135 dated 29.12.2023, whereby the respondent No.4 certified that the applicant does not belong to any category define in Clause (M), (N), (O) of section 2 of J&K Reservation Act, 2004 and she does not possess any category such as SC/ST/OBC/RBA/OSC/IB/ALC Except EWS Category during the time period from 11.01.2021 to 10.01.2022.

2. The respondent No.4 suo-moto and without affording any opportunity of hearing to the applicant issued the impugned communication dated 04.01.2024 addressed to the respondent No.2, wherein the respondent No.4 out of nowhere after the issuance of the certificate dated 29.12.2023 and without substantiating anything stated that the certificate dated 29.12.2023 has been inadvertently i

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