Online glitch can’t block offline gateway: Central Administrative Tribunal

Srinagar, Aug 28: The Central Administrative Tribunal (CAT) in Srinagar has held that a technical glitch beyond the control of a candidate cannot be allowed to deprive him or her of the right to deposit the fee for an examination through a mode other than the one prescribed by the authorities.

Allowing his plea, a division bench comprising M S Latif Member (Judicial) and Prasant Kumar Member (Administrative) directed Services Selection Board (SSB) to permit a candidate Mehraj Ahmad Shah to deposit the fee within two days through any other alternate mode for appearing in the examination for the post of Junior Engineers (Civil).

The bench directed the SSB to allow the candidate to deposit the prescribed fee within two days without any late fee and issue thereafter an admit card in favour of him for his participation in the examination for the post of Junior Engineers (Civil) advertised in terms of notification No. 03 of 2025 dated 24-04-2025, if there is no other impediment to his eligibility.

The aggrieved candidate had petitioned with a contention that “being eligible,” he successfully applied for the post of Junior Engineers (Civil), however, due to some technical error, the prescribed fee was not accepted by the SSB. He submitted that he brought his grievance to the notice of authorities concerned in SSB, who assured him that the issue would be addressed, but of no avail.

The candidate through his counsel contended that the respondents( authorities ) were not justified in making a mountain out of mole hill as the problem could have been sorted out once the candidate had preferred a representation before them and the respondents, being the first responders, should have disposed of the same at the first instance.

“The competent authority is not powerless to impose conditions as to how requisite fee is to be deposited. However, that would not mean that if an aspirant is not in a position to deposit the required fee for some genuine reason, he will be deprived of his right of consideration for participating in the examination or selection (process), the tribunal said while relying on judgement titled as Vashist Narayan Kumar versus State of Bihar and others.

The bench noted that the petitioner could have been allowed to deposit the fee via "off-line" mode as well, for, the basic purpose was only to accept the fee so that he had a chance to compete in the selection process.

“It is apt to mention here that today, while we are hearing this case in the court, we are deprived of the facility provided by the communication system, be it cell phone or Internet facility,” the bench said in an apparent reference to the cell phone communication failure in J&K on August 27. “To this effect we are reminded of an observation of the apex court in a case titled Prince Jasbir Singh versus Union of India and others, where Their Lordships have held that ‘though technology is a great enabler but at the same time there is a digital divide as well,” the bench added.

Ultimately, the bench allowed the plea but made it clear that “mere participation of the petitioner in the examination shall not confer any preferential right upon him”.