SSC cannot cancel exam candidature and impose a three-year ban without hearing the candidate, Delhi High Court rules

Durgesh Kumar appeared in the Staff Selection Commission’s Multi-Tasking Staff Examination, 2016. By memorandum dated 29 September 2017, the SSC cancelled his candidature and debarred him from its examinations for three years, alleging that he had assisted a neighbouring candidate.

The allegation rested on a supervisor’s report that Kumar had been seen talking to that candidate; no show-cause notice was issued before the penalty was imposed.

Kumar challenged the action in OA 3779/2017. On 7 January 2026, the Tribunal allowed the OA, noting that no videography referred to in the SSC’s counter-affidavit had been produced, and set aside the decision.

The SSC’s writ petition challenged the Tribunal’s judgment.

1. Whether the SSC could cancel Kumar’s candidature and debar him for three years on the basis of a supervisor’s report without first giving him notice and an opportunity to respond

2. Whether the Tribunal was correct to set aside the SSC’s decision in the circumstances

The Court applied the principles of natural justice, particularly the requirement to give a person an opportunity to answer adverse allegations before imposing punitive action with serious consequences.

It held that a supervisor’s report is not conclusive and, at a minimum, the candidate must receive a show-cause notice inviting a response and an opportunity to be heard before cancellation and debarment.

The allegation rested on the supervisor’s visual assessment that Kumar had spoken to a neighbouring candidate, with no documentary or other supporting material produced; the videography said to exist was also not placed before the Tribunal.

Given the serious consequences of cancellation and a three-year debarment, the SSC was required to put the allegation to Kumar and allow him to explain before taking action. Its failure to do so breached the basic requirements of natural justice, and the Tribunal therefore rightly set aside the decision.

Finding the writ petition devoid of merit, the Court dismissed it in limine.