CAT - ['Delhi']
Administrative and Public LawCivil Procedure and Evidence

Review jurisdiction cannot be used to seek enhanced relief or reappraise merits.

M Shanmugam vs DEPARTMENT OF PERSONNEL AND TRAINING

CAT - ['Delhi']JUDGMENT: September 01, 20263 MIN READSOURCE JUDGMENT
Review jurisdiction cannot be used to seek enhanced relief or reappraise merits.. M Shanmugam vs DEPARTMENT OF PERSONNEL AND TRAINING. CAT - ['Delhi']. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant had earlier filed OA No. 652/2026, which was disposed of by order dated 07.07.2026 in terms of the Tribunal’s earlier decision in OA No. 3783/2024.

Source reference: para. 6–7

The Tribunal directed the Chairman, Staff Selection Commission, to apply a 2% normalization formula to the applicant’s result and grant consequential benefits.

Source reference: para. 6–7

The applicant challenged the order before the Delhi High Court in W.P.(C) No. 10611/2026. The High Court disposed of the writ petition on 30.07.2026, granting liberty to the applicant to seek review before the Tribunal.

Source reference: para. 2, 5

The applicant thereafter filed RA No. 103/2026, along with MA No. 4175/2026 seeking condonation of an eight-day delay.

Source reference: para. 2, 5

He contended that the Tribunal had not expressly considered his prayer for proportionate relaxation corresponding to the alleged 20–25% functional disruption suffered during the Skill Test.

Source reference: para. 2, 5, 8
02

Issues

Whether the applicant had shown sufficient cause for condonation of the eight-day delay in filing the Review Application.

Source reference: para. 1–4

Whether the Tribunal’s order dated 07.07.2026 contained an error apparent on the face of the record or any other sufficient ground warranting review under Section 22(3)(f) of the Administrative Tribunals Act, 1985 read with Rule 17 of the CAT (Procedure) Rules, 1987.

Source reference: para. 8–10

Whether the applicant could, in review jurisdiction, seek a higher or proportionate relaxation based on the alleged actual extent of disruption during the Skill Test.

Source reference: para. 8–9
03

Law Applied

The Tribunal applied the principles governing review jurisdiction under Section 22(3)(f) of the Administrative Tribunals Act, 1985 read with Rule 17 of the CAT (Procedure) Rules, 1987.

Source reference: para. 8–10

Review is limited to correcting an error apparent on the face of the record or addressing another sufficient ground; it is not an appellate jurisdiction and cannot be used for rehearing, reappraisal of evidence, or seeking a different relief.

Source reference: para. 8–10

The Tribunal also applied the principle that delay may be condoned where the applicant demonstrates sufficient cause and the delay is bona fide, short, and not attributable to deliberate or negligent conduct.

Source reference: para. 3–4

The liberty granted by a superior court to pursue review does not enlarge the statutory scope of review jurisdiction.

Source reference: para. 10
04

Reasoning

The Tribunal found sufficient cause for the eight-day delay because the applicant had been bona fide pursuing proceedings before the Delhi High Court and had filed the Review Application shortly after receiving liberty to do so.

Source reference: para. 2–4

The delay was short, unexplained by deliberate or negligent conduct, and caused no apparent prejudice to the respondents; accordingly, it was condoned.

Source reference: para. 2–4

On merits, the Tribunal held that the original order had consciously granted specific relief by directing application of the 2% normalization formula in accordance with OA No. 3783/2024, together with consequential benefits under the relief clause.

Source reference: para. 6–7

The applicant’s request for relaxation corresponding to an alleged 20–25% disruption would require determination of the factual extent of disruption, its impact on performance, and the appropriate quantum of relief.

Source reference: para. 8–9

Those questions concerned the merits and would require reconsideration of the relief already determined, which was impermissible in review.

Source reference: para. 8–9

The omission to separately discuss every component of the relief clause did not constitute an error apparent on the face of the record.

Source reference: para. 9

The High Court’s grant of liberty merely enabled the applicant to invoke review jurisdiction and did not establish the merits of the review or expand its permissible scope.

Source reference: para. 10
05

Holding

The Tribunal allowed MA No. 4175/2026 and condoned the eight-day delay in filing the Review Application.

However, it held that the applicant had not demonstrated any error apparent on the face of the record or any other sufficient ground for review.

Source reference: para. 10–11

The request for a higher, proportionate relaxation amounted to seeking reconsideration of the nature and quantum of relief, which was outside the scope of review jurisdiction.

Source reference: para. 10–11

RA No. 103/2026 was therefore dismissed in circulation, with no order as to costs.

Source reference: para. 10–11
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Administrative Tribunals Act, 19851

CAT - ['Delhi']

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M ShanmugamvsDEPARTMENT OF PERSONNEL AND TRAINING

CAT - ['Delhi'] · September 01, 2026

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