Neutral Citation No. - 2025:AHC:130994-DB Chief Justice's Court Case :- WRIT - A No. - 11025 of 2025 Petitioner :- Yash Tomar Respondent :- Union of India and 4 others Counsel for Petitioner :- Mohan Yadav, Sandeep Kumar Singh Counsel for Respondent :- A.S.G.I., Shiv Kumar Pal (Dy.S.G.I.) Hon'ble Arun Bhansali, Chief Justice Hon'ble Kshitij Shailendra, J. 1. Heard learned counsel for the parties. 2. This petition is directed against order dated 22.07.2025 passed by Central Administrative Tribunal, Allahabad (for short 'Tribunal') in Original Application No. 606 of 2025, whereby the prayer seeking interim relief filed by the petitioner has been rejected while Original Application has been admitted for consideration. 3. The Original Application was filed seeking to question the validity of order dated 27.06.2025 (Annexure-8), whereby the Staff Selection Commission (for short 'Commission') ordered for debarring the petitioner for three years from appearing in any examination of the Commission. Prayer for interim relief was also made seeking stay on the effect and operation of order dated 27.06.2025 and allow the petitioner to appear in Computer Based Examination for the post of Stenographer Grade 'C' and 'D' Examination, 2025 to be held by the Commission from 06.08.2025 to 11.08.2025. 4. The Tribunal, after hearing the parties on the prayer for interim relief, came to the conclusion that as the main relief claimed by the petitioner was in the same nature of the interim relief sought, the final relief cannot be granted at the interim stage without hearing the parties in detail and without examination of pleadings and consequently, rejected the prayer. 5. Counsel for the petitioner made submissions that the Tribunal was not justified in rejecting the prayer for interim relief. Submissions have been made that the reasoning given for rejecting the prayer would not apply in the present case, inasmuch as even if the petition filed by the petitioner is ultimately allowed, he cannot be put back in the same position and therefore, for the purpose of protecting the interest of petitioner, the interim relief could not have been refused. 6. Counsel for the respondents supported the order impugned. Submissions have been made that the conduct of the petitioner is writ large on record wherein, during the previous examination, he had misbehaved at the examination centre and therefore, the order impugned passed by the Tribunal does not call for any interference. 7. We have considered the submissions made by counsel for the parties and have perused the material available on record. 8. So far as the merit of the challenge laid to the order dated 27.06.2025 is concerned, the Tribunal came to the conclusion that the matter required consideration and has admitted the Original Application. While considering the prayer for interim relief, the only reason recorded for rejecting the same is that the grant of interim relief would amount to granting the main relief prayed for in the Original Application. 9. In the case of present nature wherein while challenging the order dated 27.06.2025 debarring the petitioner for a period of three years, an interim relief in the nature of permission to appear in the ensuing examination has been sought, it cannot be said that grant of interim relief would amount to granting the final relief to the petitioner, as while granting interim relief, certain conditions can be imposed. 10. The matter has to be examined from another angle, wherein in case the petitioner is not granted interim relief at this stage and finally his Original Application is allowed, the petitioner, under no circumstance, can be put back to the position in case the interim relief is granted and therefore, the refusal to grant interim relief in the case of present nature, cannot be sustained. 11. Consequently, the petition is allowed. The order dated 22.07.2025 passed by the Tribunal in Original Application No. 606 of 2025 is set aside to the extent the prayer for interim relief has been rejected. 12. It is ordered that the petitioner shall be permitted to appear in the ensuing examination for the post of Stenographer Grade 'C' and 'D' Examination, 2025 which is scheduled to be held from 06.08.2025 to 11.08.2025. 13. The permission to appear in the examination will remain subject to the final outcome of the Original Application and petitioner would behave appropriately during the course of examination. 14. A copy of this order would be served on respondent no.4, who is directed to ensure that petitioner is permitted to appear in the examination. 15. It is also expected of the learned Deputy Solicitor General of India to ensure that the directions given by this Court today are communicated to the concerned. Order Date :- 5.8.2025 AHA/AKShukla (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- AFZAL HUSAIN ABBASI High Court of Judicature at Allahabad