Yash Tomar vs Union Of India & Ors.

Delivered by Hon’ble Mr. Rajnish Kumar Rai, Judicial Member

The applicant has filed challenging the impugned order dated 27.06.2025 passed by respondent No. 3 with permission to allow the applicant to appear in subsequent computer based examination for the post of Stenographer Grade ‘C’ and ‘D’ to be held on 06.08.2025 to 11.08.2025 and also sought interim relief for appearance in the said examination. The relief which has been sought by the applicant is quoted herein below: -

The facts of the case that in pursuance to the Employment Notification No. F. No.: E/7/2024-C-2 Section (E-9267) notified for recruitment to Stenographer Grade ‘C’ and ‘D’ in which last date was fixed for online application is 17.08.2024 (23.00 hours). After applying for the aforesaid post, the applicant was allotted registration No.10008776959 and for skill test the date of examination was fixed as 16.04.2025. The applicant was allotted IDZ, Kuberpur, Agra Centre while appearing for the skill test on the schedule date, however, operating system provided to applicant was malfunction as key board of the computer was not properly working. After a request made by the applicant, keyboard was changed three times but, finally it did not function and failed. The aforesaid situation did not improve even after change of his seat. After raising complaint, the applicant was asked to mark the complaint in writing, which was made by the applicant and copy of the same was served in the examination centre. The said complaint was acknowledged by the official of TCSION at examination center. It is further pleaded that when the applicant reached to Server Room In charge, he saw there that 40 persons were already present and registering their complaint regarding technical difficulties and in this action much time wasted of the applicant. Looking into the situation, a police team was also called which was present, however, no concreted assurance was given by the In charge. Thereafter, after registering his complaint, he has moved away. Thereafter, he has sent an e-mail to the concerned authority for re-examination of skill test. To the utter surprise, the applicant has received a one show cause notice dated 21.04.2025 for creating chaos in the examination lab during skill test by shoutingand disrupting the examination inter alia other allegations. The show cause notice was duly replied vide letter dated 06.05.2025 stating the situation as well as reason and on that account the applicant was unable to give his skill test. However, no heed was paid by the respondents authority and by the impugned order dated 27.06.2025, the applicant’s candidature was rejected and he was debarred for a period of three years w.e.f. 16.04.2025. Thereafter, the instant O.A. was filed challenging the impugned order dated 27.06.2025 along with the prayer for interim relief for allowing him to appear in the next scheduled date i.e. 06.08.2025 to 11.08.2025. Counsel for the applicant submitted that this Court, after hearing on interim relief, vide Order dated 22.07.2025 has rejected the prayer for interim relief. However, the O.A. was admitted. He further submitted that aggrieved by the order on interim relief dated 22.07.2025 passed by this Tribunal, a Writ A No. 11025/2025 was filed before the Hon’ble High Court. The Hon’ble High Court was pleased to allow the Writ Petition on 05.08.2025 and after setting aside the Order dated 22.07.2025 i.e. in this O.A., directed the respondents authority to permit the applicant to appear in the ensuing examination of Stenographer Grade ‘C’ and ‘D’, which is scheduled to be held from 06.08.2025 to 11.08.2025. Counsel for the applicant further submitted that in pursuance to the said Order, the applicant was permitted to appear in the skill test by the respondents’ department, result of which has not been declared, as per applicant’s knowledge.

The respondents have filed their counter reply and pleaded that on the date of instance, trial audio was played for the candidates for skill test and some of the candidates raised the concern that the audio is not clearly audible and in response the trial audio was played multiple times and all the frequencies were adjusted as suitable as possible for audio become clear and audible. It is further pleaded that during the type test session, 41 candidates including the applicant once again raised concern that they had not been able to hear the audio properly and causing disturbance in the lab by shouting and disrupting the environment. Additionally, three more candidates were being influenced by them and left their seat to join them. The said incident has been reported by the TCS representative and CCTV footage was also substantiated the same. After conducting the inquiry by a committee, applicant was found guilty of creating chaos in the examination, causing disruption in conduct of examination and inciting other candidates to leave their examination Accordingly, after due process, the candidature of the applicant was cancelled and he was debarred from the examination by the Commission for a period of three years. It is further pleaded that as per report from service provider, no technical issue was observed during the examination and same was conducted smoothly. It is further pleaded that earlier in the year 2022, the re-examination of skill test for Stenographer post was conducted because of large scale technical issues faced by the candidates, which was confirmed by the Regional Offices under the Commission. In that situation, the skill test was re-conducted, however, in the instant case, no such issue was observed during conduct of Stenographer Grade ‘C’ and ‘D’ examination, 2025. The respondents have further admitted the fact regarding filing of Writ Petition A No. 11025/2025 before the Hon’ble High Court of Allahabad and on the basis of direction given by the Hon’ble High Court dated 05.08.2025, the applicant was allowed to appear in the Computer Based Examination for the post of Stenographer Grade ‘C’ and ‘D’. In view of the above facts, the respondents have prayed for dismissal of the O.A.

Heard, counsel for the parties and perused the pleadings available on record.

Considering the submission of counsel for the parties and from perusal of record, it is revealed that the applicant appeared on schedule date for skill test i.e. 16.04.2025 for Stenographer Grade ‘C’ and ‘D’ examination. The contention of applicant, as stated in para-4.4 of the O.A. for change of keyboard three times and disrupting of examination for 40 minutes has not been denied. In para-3 rather than they have taken a different view that some candidates raised concern that audio was not clearly audible and pleaded that the trial audio for multiple times was pleaded in the stenography skill test. Further, the fact they have also admitted that 41 candidates (including applicant) and three others have made complaint but, the complaints were not redressed rather the respondents have believed the representatives of TCSION, conducting the examination at IDZ, Kuberpur, Agra. Even in the show cause notice dated 21.04.2025 they have not taken any specific ground rather than repeatedly stated and blamed the applicant and others for creating chaos/ disruption in the examination and inciting other candidates to leave their examination. On that ground, show cause notice was issued and besides considering the specific reply regarding non-functioning of keyboard and his written complaint at the examination centre, the impugned order has been passed. The respondents in reply to para-4.8 of the O.A., they have submitted that a committee was formed to investigate in various facts and evidence available, neither the date of formation of committee has been provided nor any report of the committee is being filed along with this O.A. We have also perused the Judgment and Order dated 05.08.2025 of the Hon’ble High Court vide which the applicant was allowed to appear in the skill test for the post of Stenographer Grade ‘C’ and Grade ‘D’ examination, 2005, which was scheduled to be held between 06.08.2025 to 11.08.2025 and in pursuance to the Hon’ble High Court’s Order, the respondents have allowed the applicant to appear in the examination conducted between 06.08.2025 to 11.08.2025. However, from the record, it appears that there is no such declaration of result in the record.

The requirement of fairness in administrative decision making is not satisfied merely by issuing show cause notice or obtaining an explanation from Examination Conducting Agency. The decision making authority is under obligation to look into material grievance raised by affected candidates. In the present case, material placed on record does not satisfactorily established that applicant’s specific grievance was considered on the basis of material evidence.

In view of the above discussion, we are in considered opinion that the respondents have failed to place the subject material on record regarding specific grievance of technical disruption in Stenography Skilled Test. Hence, the O.A. deserves to be allowed. Accordingly, the O.A. is allowed and the impugned order dated 27.06.2025 vide which applicant was debarred for three years and his candidature was cancelled is quashed and the respondents are directed to declare the result of applicant and communicate the same to applicant within a period of six weeks from the date of receipt of a certified copy of this Order. No order as to cost. All the pending MAs shall be deemed to have been disposed of.