Malkesh Meena vs Union Of India

Headnote AI-drafted · Editorially reviewed

The applicant, Malkesh Meena, challenged an order dated 09.04.2024 passed by the Assistant Director (EA), Staff Selection Commission, Northern Region, whereby his candidature for the Multi-Tasking (Non-Technical) Staff and Havaldar (CBIC & CBN) Examination, 2022 was cancelled and he was debarred for seven years on the allegation that his photograph matched that of another candidate, who was his biological brother Pintu Meena, constituting alleged impersonation. The applicant contended that both brothers had separately applied under different registration and roll numbers, but that the applications were inadvertently filled from the same computer, resulting in the applicant's photograph being uploaded by his brother by mistake.

The applicant further contended that the impugned order was passed in violation of the principles of natural justice as no proper show-cause notice was served upon him personally; the notice was sent to his brother's e-mail from a no-reply address and required physical postal reply, causing difficulty given the applicant's residence in a remote village in Rajasthan with limited internet access. The applicant filed an affidavit on oath before the Tribunal stating that he had never appeared in any stage or tier of the said examination. He had earlier filed W.P.(C) No. 8951/2024 before the Delhi High Court, which was withdrawn with liberty to approach the Tribunal in light of L. Chandra Kumar v. Union of India, (1997) 3 SCC 261.

The respondents opposed the relief, relying upon their counter affidavit and submitting that the Staff Selection Commission had employed Artificial Intelligence technology through its Data Processing Agency to detect identical or similar photographs indicative of impersonation, and that the examination notice expressly warned of cancellation and debarment for seven years for such malpractice. The matter was heard by the Central Administrative Tribunal, Principal Bench, New Delhi, and the order was passed on 13 August 2026.

Catchwords: debarment impersonation Staff Selection Commission natural justice show-cause notice candidature cancellation photograph match Artificial Intelligence examination malpractice principles of natural justice Administrative Tribunals Act MTS examination