ORDER

By Hon’ble Manish Garg, Member (J)

In the present OA, the applicant is seeking the following reliefs:

―(i) To quash & set aside the report dated 01.04.2022 by the three Member Committee constituted by the Respondent Staff Selection Commission being illegal, arbitrary and against the principle of natural justice and thus is not sustainable in the eyes of law.

OR (ii) any other relief which this Hon‘ble Court deems fit and proper may also be awarded to the applicants.‖

2. Staff Selection Commission (SSC), respondent No.1 herein issued an advertisement for recruitment to the post of Constable (Executive) Male and Female in Delhi Police Examination 2020. Applicant appeared in the exam and was declared successful but his result was withheld. It is submitted that result of 625 candidates was kept withheld ―for further scrutiny by the Commission regarding suspected use of unfair means‖. Thereafter, respondent No.1 allegedly constituted a Committee of three members, i.e., RD (SR), RD (NER) & DS (Conf.) on 20.12.2021 to examine the CCTV Footages and Log Trail of the 625 candidates whose result has been kept withheld. The Committee submitted its report dated 01.04.2022 whereby it was recommended that ―Out of 625 candidates examined, the Committee recommended 490 candidates as suspects. Committee also recommended 135 candidates as can be cleared for the reasons stated therein‖.

2.1 Thereafter, SSC vide its letter dated 05.04.2022 addressed to the Commissioner of Police, Delhi Police requesting for lodging FIR and conducting investigation in respect of 490 candidates of Constable (Executive) Male and Female in Delhi Police Examination, 2020, who were found to have been suspected and involved in malpractices during the examination. On that basis FIR No.103/2022 dated 09.06.2022 has been registered u/s 419, 420, 120B of IPC with P.S. Crime Branch, Delhi.

2.2 Thereafter, OA No.454/2023 and other several cases came to be filed by the similarly situated candidates before this Tribunal. It is reliably learnt that the said OAs have since been disposed of by this Tribunal vide order dated 07.07.2023. It is pertinent to mention here that in the aforesaid OAs the respondents have submitted only short affidavit and the Report dated 01.04.2022 was neither produced before this Tribunal nor shown to the applicants therein. This Tribunal vide Order dated 07.07.2023 directed the SSC to constitute another High Power Committee excluding the members earlier appointed by it, to re-examine the case of all the remaining candidates whose results were withheld and submit the status report within a period of eight weeks.

2.3 The respondents challenged the Tribunal‘s Order dated 07.07.2023 before Hon‘ble High Court of Delhi by filing WP(C) No.11961/2023 and other connected writ petitions, which was disposed of vide order dated

12.09.2023.

2.4 In compliance to Tribunal‘s order dated 07.07.2023, respondents have filed a copy of the Report dated 01.04.2022 by three Member Committee constituted by the SSC on the record of this Tribunal with a copy to the applicants in that OA on 07.10.2023.

2.5 Now applicant is challenging the legality and validity of the said report in present OA.

3. Respondents have not filed their counter reply and argued the case for final disposal.

4. Heard Mr. Subodh K Pathak, Mr. Akash Swami, Mr. Pawan Kr. Sharma, learned counsel for applicant and Sh. B.C.Bhatt, learned counsel for respondents at the admission stage itself. We have perused the pleadings on record and also the written submissions filed by the learned counsel for applicant.

5. Analysis:

5.1 Learned counsel for applicant, in his written submissions, relied upon the following case laws:

(i) In the case of S.P.Sampat Kumar vs. UOI, (1987) 1 SCC 422 Hon‘ble Supreme Court has held that an Administrative Tribunal is competent to exercise all powers which the respective Courts had, including a declaration as to the constitutionality of relevant laws for example on the ground of contravention of