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* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 30.01.2025 Date of Decision: 29.05.2025 + W.P.(C) 5904/2023 & CM APPL. 23090/2023 COMPTROLLER AND AUDITOR GENERAL OF INDIA .....Petitioners Through: Dr. S.S. Hooda, Adv.

versus AMIT YADAV & ANR. .....Respondents Through: Mr. Kaoliangpou Kamei and Ms. Snigdha Jayakrishnan, Advs. for R-1 Ms. Pratima N. Lakra, CGSC with Ms. Kashish G Baweja, Adv. for R-2/UOI Mr. Raghav Sabharwal, Mr. Ayush Shrivastava and Mr. Harsh Vardhan Singh, Advs. for Intervenor. CORAM:

HON'BLE MR. JUSTICE C.HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL

JUDGMENT

% 29.05.2025 AJAY DIGPAUL, J.

Brief facts

1. The present petition under Articles 226 read with 227 of the Constitution of India has been filed on behalf of the petitioner namely Comptroller & Auditor General of India, [Hereinafter ―CAG‖] seeking quashing of the order Signature Not Verified

Signed By:AAKANSHWA.P.(C) 5904/2023 Page 1 of 37

dated 23.01.2023 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi in OA No. 339/2022, [Hereinafter ―CAT/Tribunal‖]

2. The relevant facts that led to the filing of the present petition are as under:

i. The instant case arises out of the denial of appointment to respondent no. 1 namely Amit Yadav, a candidate (Rank 10521, Roll No. 2201130804) in the Staff Selection Commission‘s Combined Graduate Level Examination, 2018, [Hereinafter ―SSC CGLE 2018‖], who had applied for the post of Auditor (Post Code D33), [Hereinafter ―subject post‖] in the CAG. Amit Yadav had applied under the Persons with Disabilities - Other category5 and Other Backward Class, [Hereinafter ―OBC‖] category.

ii. The SSC CGLE 2018 was notified on 05.05.2018 to fill various Group ‗B‘ and ‗C‘ posts in various Ministries/Departments/Organizations in the Government of India. Thereafter, tentative list of vacancies as on 27.12.2019 for SSC CGLE 2018 was notified by the Staff Selection Commission, [Hereinafter ―SSC‖] in which under entry no. 24, 2 vacancies were earmarked for the post of Auditor in CAG for ‗Other PwD‘.

iii. As part of the application process and selection norms, candidates belonging to reserved categories were required to furnish

5 Hereinafter ―Other PwD‖

Signature Not Verified

Signed By:AAKANSHWA.P.(C) 5904/2023 Page 2 of 37

certificates of disability in the prescribed format issued by competent medical authorities as per the relevant government notifications.

iv. Respondent no. 1 is stated to have been issued a disability certificate dated 02.05.2018, by the Department of Empowerment of Persons with Disabilities, Ministry of Social justice and Empowerment, Government of India, which states that the respondent‘s case pertain to ‗mental illness‘ and that he has 55% of disability.

v. Pursuant to respondent no. 1 clearing Tier I and II stages of the SSC CGLE 2018, Tier-III stage was conducted and its result was declared on 30.09.2020 by the SSC for appearing in Skill Test/Document Verification, i.e., Tier-IV (final round of tests) of the said examination.

vi. At the time of Tier-IV (final round), on 27.02.2021, the respondent no.1 was asked to mention the posts preference of eligible posts where he selected inter alia the post of Auditor (D33). Thereafter, a final list of vacancies as on 15.03.2021 stood notified by SSC, again containing Auditor - post coded as D33 at entry no. 24, where 2 vacancies were earmarked for the Other PwD category. Pursuant to the same, on 01.04.2021, the final merit list was uploaded on the website where respondent no. 1 stood recommended for the post of Auditor (D33).

vii. However, on 28.09.2021, the CAG declared a State/Office Allocation List. In the said list, it was conveyed that the dossiers of Signature Not Verified Signed By:AAKANSHWA.P.(C) 5904/2023 Page 3 of 37 certain candidates, including that of Amit Yadav, were being returned to the SSC. The dossier was returned due to the reason that the post of Auditor was identified as not suitable for PwBD - mental illness against which respo