Comptroller and Auditor General of India v. Nagendra Lakhara & Ors.

1. This hearing has been done through hybrid mode.

2. The present writ petition under Article 226 read with Article 227 of the Constitution has been filed by the Comptroller and Auditor General of India (‘CAG’) challenging the impugned order dated 29th November, 2024 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (‘Tribunal’) in OA No. 4652 of 2024.

3. The said Original Application (‘OA’) has been preferred by 17 applicants, the present Respondents, who wish to appear in the Subordinate Accounts Service Examination (‘SAS’). An interim relief was sought vide the same OA in this regard before the learned Tribunal. In the said application, the Tribunal has directed as under: -

other cadre where vacancies are available. On considering the rival submissions, we are of the opinion that this is a fit case where the balance of convenience lies in the favour of the applicants and prejudice will be caused to them if they are not allowed to register and appear for the SAS Exam 2024.

12. With the above observations, in the interest of justice, the respondents are directed to allow the applicants to register and appear for the SAS Exam 2024 provisionally subject to the final outcome of the OA.”

4. The grievance raised by the CAG in respect of this order is that as per the examination circular issued by the CAG dated 13th November, 2024, no new departmental candidate is allowed to appear in the SAS examination where there is no vacancy available in the said Department. Clarifying the said circular, Mr. Hooda, ld. Counsel for CAG has submitted that, this exam is not conducted if vacancies are not available in the concerned Department because it is a complex examination involving various stages and conducting it at a time where there are no vacancies would require CAG to allocate substantial resources.

5. It is further emphasised that the CAG has been following this very policy for more than a decade and he has placed on record various circulars dating back to 2011-2012 etc. Even at present, the apprehension of the CAG is that if this order is allowed to operate, the CAG may be forced to conduct the examination for all similarly placed candidates across the country, resulting in substantial expenses and resource allocation.

6. Learned Counsel for Respondent, however, submits that while she is representing only 17 candidates, the mere basis of the past practice cannot take away the responsibility of the CAG to conduct this examination for other similarly placed persons as well.

7. This Court has considered the matter. The examination is stated to be commencing from 17th December, 2024 to 23rd December, 2024. The learned Tribunal has already clarified that the Respondent-Applicants were directed to register and appear in the SAS Exam 2024 provisionally subject to the final outcome of the OA between the aforesaid dates. Clearly, this order would not extend to any other candidates as the exam is to be held shortly and arrangements for the same would have to be made by the CAG. It is also clarified that the said relief is subject to the outcome of the above OA.

8. The tribunal has permitted the Respondent candidates to appear in the examination as an interim measure only in order to avoid a fait accompli situation, once the examination is conducted. In the opinion of this Court, the policy consideration of the CAG i.e., the validity of the circular would have to be adjudicated only at the final stage.

9. It is made clear that this order applies only qua the examination to be conducted from 17th December, 2024 to 23rd December, 2024. If any further relief is sought by any candidate being unsuccessful in exam, the same would have to be sought from the learned Tribunal. It is again clarified that the same shall be subject to the outcome of the OA.

10. The present writ is accordingly, disposed of. Pending application(s), if any, also stand disposed of.

PRATHIBA M. SINGH JUDGE AMIT SHARMA JUDGE DECEMBER 05, 2024/gs/Am