LAVISH VS. SSC & ORS.
CAT Case Law | SSC Case Law | Central Administrative Tribunal Case Law | Lavish Vs. SSC
Case No.: (Original Application) OA 700/2025 with MA 871/2025
Court: Central Administrative Tribunal (CAT), Principal Bench – New Delhi
Order Date: February 25, 2025
Bench: Dr. Sumeet Jerath, Member (A); Harvinder Kaur Oberoi, Member (J)
Parties to the Case
- Petitioner : Lavish
- Advocate For Petitioner: Advocate Mr. Akash Chaudhary
- Respondent: Staff Selection Commission (SSC)
- Advocate For Respondent: Advocate Mr. Sanjay Kumar
History
- Original Application (OA) No.: 700/2025
- Miscellaneous Application (MA) No.: 871/2025 (for exemption)
- Context of Filing the Petition: The Petitioner submitted an OA contesting the SSC decision regarding his eligibility for the Sub-Inspector post in Delhi Police and Central Armed Police Forces (Examination-2024). The MA requested exemptions from providing certified copies and typed documents, which was permitted with some exceptions.
Facts of the Case
- Background: The petitioner, Lavish, applied for the Sub-Inspector role via the Staff Selection Commission – SSC Examination-2024. He took Paper-I, in which he was provisionally selected, and then called for the Physical Endurance Test (PET) and PST Test.
- Height Dispute: During the PET/PST, SSC recorded his height as 169.5 cm, which is below the minimum requirement of 170 cm. Later, Lady Hardinge Medical College and Hospital (a government facility) measured his height as 171 cm, exceeding the requirement, which was done as he was denied a chance to reconsider his height and asked to bring the certificate justifying height.
- Impending Deadline: The examination’s Paper-II was planned for March 8, 2025. The applicant sought temporary permission to participate, arguing that exclusion would render his OA infructuous.
Issues
- Considering the applicant’s inconsistent height measurements should be allowed to participate in Paper-II of the SSC Examination-2024.
- Whether the balance of convenience and possible irreversible harm justify interim relief.
Arguments
- Applicant (via Advocate Akash Chaudhary):
- Highlighted the contradictory height assessment (171 cm by a government hospital vs. 169.5 cm by SSC).
- Argued that the applicant deserved an opportunity to proceed to Paper-II, especially with its imminent scheduling on March 8, 2025.
- Stressed that exclusion would cause irreparable loss and render the OA ineffective.
- Respondent (via Advocate Sanjay Kumar)
Decision
- MA 871/2025: The tribunal allowed the Miscellaneous Application for exemption, subject to just exceptions, based on reasons provided therein.
- OA 700/2025 (Interim Relief):
- The tribunal issued notice to the respondent (SSC).
- Considering the government hospital’s measurement of 171 cm, the tribunal found the balance of convenience favored the applicant and noted potential irreparable harm if he were excluded from Paper-II.
- Order: SSC was directed to permit Lavish to appear provisionally in Paper-II on March 8, 2025, subject to the final outcome of the OA.
- Next Listing: The matter was scheduled for further hearing on April 23, 2025.
- Order Dasti: The order was to be provided directly to the parties for immediate compliance.
Reasoning
- The tribunal relied on the conflicting height measurements, giving weight to the government hospital’s finding (171 cm) over SSC’s (169.5 cm), suggesting a prima facie case for the applicant.
- The urgency of Paper-II (less than two weeks away) and the risk of irreparable harm (exclusion from the selection process) justified interim relief.
- The provisional nature of the permission ensured SSC’s interests were safeguarded pending the final decision.
Significance
- This interim order reflects CAT’s strategy for striking a balance between the rights of applicants and procedural fairness in hiring disputes, especially when there are discrepancies between government records.
- The case depends on how the height eligibility issue is ultimately decided, which could establish a standard for how SSC resolves comparable disputes..
