Central Administrative Tribunal Principal Bench, New Delhi O.A. No. 3779/2017 This the 07^th day of January, 2026 Hon’ble Mr. Manish Garg, Member (J)

Hon’ble Dr. Anand S Khati, Member (A)

Durgesh Kumar S/o Sh. Suresh Kumar R/o H. No. 163, Naya Pana, Near Shiv Mandir, VPO Ladpur, Delhi- 110081 Aged about 19 years (Group 'C')

(Candidate towards SSC Examination)

...Applicant By Advocate: Mr. Ajesh Luthra with Ms. Meenu Sharma Versus

1. Staff Selection Commission Through its Chairman (Head Quarter), Block No 12, SHILPI GUPTA CGO Complex, SHILPI GUPTA2026.01.09 Lodhi Road, 17:37:53+05'30'

New Delhi-110504

2. Staff Selection Commission (Northern Region)

Through its Regional Director, Block No 12, CGO Complex, Lodhi Road, New Delhi-110504 …Respondents (By Advocate: Dr. C S Khan with Mr. Jayant Singh, Mr. Sameer Khan and Mr. Iran Khan)

ORDER (ORAL)

Hon’ble Mr. Manish Garg, Member (J)

In the instant O.A. the applicant has prayed for the following reliefs:-

“a) Quash and set aside the impugned order dated

29/09/2017 placed at Annexure A/1 and b) Accord all consequential benefits.

c) Award costs of the proceedings; and d) Pass any order/relief/direction(s) as this Hon'ble Tribunal may deem fit and proper in the interests of justice in favour of the applicant.”

2. Highlighting the facts of the present case, learned counsel for the applicant would submit that the applicant is aggrieved of the memorandum dated 29.09.2017 (Annexure-A/1), whereby the candidature of the applicant has been cancelled and also debarred from appearing in Commission’s examination for the period of three years. The said memorandum was passed on SHILPI GUPTA SHILPI GUPTA2026.01.09

29.09.2017, even though the period of three years has

17:37:53+05'30'

expired on 27.09.2020, however, the issue has to be adjudicated on the merits of the case itself. Learned counsel for the applicant further points out the inter locatory order (interim order) dated 20.07.2018 passed by this Tribunal. For ready reference the same is reproduced herein below:-

“MA No.830/2018 was filed by the applicant seeking direction of declaration of the result. Now the respondents have produced before us a copy of the result in respect of Shri Durgesh Kumar, who has secured 81 marks…...”

2.1. He states that the respondents have not issued any show cause notice to the applicant before issuing the memorandum of debarment.

The sum and substance of the impugned order under challenge, is as under:-

“3. The Centre Supervisor, Arwachin Bharti Bhawan Sr. Sec. School, C-Block, Vivek Vihar, Near Balaji Hanuman Mandir, New Delhi, 110095 has reported that one candidate Shri Durgesh Kumar, Roll No. 2201055040, resident of H.NO-163 Naya Pana, Vpo Ladpur, North West, Delhi, 110081 was discussing questions/seeking answer as well as assisting candidate, Sagar Roll No. 2201028422 sitting adjacent to him.

4 As per Para 2) of the instructions to candidates for the above cited examination it is mentioned that "Prohibited items, such as watches, books, paper chits, magazines, electronic gadgets (mobile phones, bluetooth devices, head phones, pen/buttonhole cameras, scanner, calculator, storage devices etc.) are STRICTLY NOT ALLOWED in the examination lab. If any such item is found in the possession of a candidate in the examination lab, his/her candidature is liable to be cancelled and legal / criminal proceedings could be initiated against him/her. He/She would also liable to be debarred from appearing in future examinations of the Commission for a SHILPI GUPTA period of 3 years”. SHILPI GUPTA2026.01.09

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5. As per Para 10) sub para iii) and iv) of the Notice for the above cited examination under the caption GENERAL INSTRUCTIONS TO BE COMPLIED BY THE CANDIDATES IN THE WRITTEN EXAMINATION it is stated that iii) Candidates are not permitted to use calculators and other electronic gadgets except as specified in the Notice. They should not, therefore, bring the same inside the Examination Premises/Venue:

iv) If any candidate is found to po