CAT - Delhi

Mandate to Decide Representation Regarding EWS Category Restoration Through a Reasoned and Speaking Order

Shashi Kumar vs STAFF SELECTION COMMISSION (SSC)

CAT - DelhiJUDGMENT: March 16, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant, Shashi Kumar, participated in a recruitment process conducted by the Staff Selection Commission (SSC) under the Economically Weaker Section (EWS) category

Source reference: p. 1-2

Despite securing a score of 126.68356 marks and qualifying all stages of the selection process, his category was changed to 'General' in the Final Scorecard dated 17.02.2026

Source reference: p. 2-3

Consequently, his name was excluded from the Final Merit List/Notification dated 15.01.2026

Source reference: p. 2

The applicant asserts that he possesses a valid EWS certificate dated 14.10.2024, issued in the prescribed format on or before the cut-off date

Source reference: p. 3-4

He submitted a representation (Annexure-A/12) regarding this grievance, which remained pending with the respondents

Source reference: p. 3
02

Issues

1. Whether the respondents' action of changing the applicant's category from EWS to 'General' and his subsequent exclusion from the merit list was legally sustainable

Source reference: p. 2

2. Whether the respondents are obligated to consider and dispose of the applicant's pending representation regarding his category status and EWS certificate

Source reference: p. 3
03

Law Applied

The Tribunal adjudicated the matter under Section 19 of the Administrative Tribunals Act, 1985

Source reference: p. 1

The court applied the principle of administrative accountability, which requires public authorities to dispose of pending representations through "reasoned and speaking orders"

Source reference: p. 3

the validity of category certificates (EWS) must be evaluated based on the prescribed format and the established cut-off dates of the recruitment process

Source reference: p. 3-4
04

Reasoning

The Tribunal noted the applicant’s primary grievance that, despite qualifying all selection stages and possessing a valid EWS certificate dated 14.10.2024, his results were erroneously processed under the General category

Source reference: p. 3-4

During the hearing, the applicant limited his prayer to seeking a time-bound disposal of his pending representation

Source reference: p. 3

The Tribunal found this request reasonable and avoided a detailed merit-based adjudication at this stage.

Source reference: p. 3

It reasoned that the competent authority must explain why the applicant’s name was missing from the final merit list despite his scores and examine the validity of the EWS certificate submitted before the cut-off

Source reference: p. 3-4
05

Holding

The Tribunal disposed of the O.A. by directing the respondents to decide the applicant's representation (Annexure-A/12) by passing a reasoned and speaking order within 30 days

The respondents were specifically instructed to take note of the EWS certificate dated 14.10.2024 while considering the case

Source reference: p. 3-4

The Tribunal held that if the decision is favorable, consequential benefits must be accorded within an additional 30 days

Source reference: p. 3

The applicant was granted liberty to challenge the reasoned order if he remains aggrieved

Source reference: p. 3

All pending MAs were disposed of accordingly, with no order as to costs

Source reference: p. 4
CAT - Delhi

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Shashi KumarvsSTAFF SELECTION COMMISSION (SSC)

CAT - Delhi · March 16, 2026

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