High Court of Delhi was dealing with the petition directed against an interlocutory order dated 10.01.2022, passed by the Central Administrative Tribunal in O.A. No.34/2022.
Learned counsel for the petitioner submitted that although, notice has been issued by the Tribunal, the grievance of the petitioner, presently, is that no interim direction has been issued in the matter. According to him, the last date for filing the applications qua the subject examination expires on 13.01.2022.
HC’s Observations and Held:
Court observed that the respondent no.4/UPSC has issued an advertisement no.19/21 inviting applications for the post of Assistant Professor. The petitioner, who is engaged as a contractual employee with GNCTD, seeks age relaxation, in terms of the office memorandum dated 11.06.2019 for being considered for appointment against the aforementioned advertisement.
Court stated that “if interim direction is not issued in the matter, pending adjudication of the petitioner’s cause, the O.A. preferred by him will be rendered infructuous. The petitioner has set up a, prima facie, case. The balance of convenience also appears to be in favour of the petitioner. Failure to protect the petitioners cause would render the O.A. nugatory. The Tribunal should have kept these aspects in mind. The Tribunal by simply issuing notice in the cause has, in effect, declined interim relief to the petitioner.”
HC ordered the Respondent no.4/UPSC to entertain the petitioner’s application, which he proposes to make pursuant to the subject advertisement. HC allowed the petitioner to participate in the subject examination/selection process, subject to the final outcome in the O.A., which is pending adjudication, before the Tribunal. Court stated that the petitioner will not claim any equity merely because he has been allowed to participate in the examination/ selection process, if he were to fail in the O.A.
Bench: Hon'ble Mr Justice Rajiv Shakdher and Hon'ble Mr Justice Talwant Singh
Case Title: Dr. Kousik Das Mahapatra v. Govt. Of NCT Delhi & Ors.
Case Details: W.P.(C)No.852/2022 & CM No.2406/2022
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