Delhi High Court
Smita Bidani And Ors vs University Grants Commission And ... on 14 August, 2020
#5
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered On: 14.08.2020
W.P.(C) 3257/2020, CM APPL.11393/2020 (Additional
Documents), CM APPL.11395/2020 (Ad-interim ex-parte stay) &
CM APPL.19049/2020 (Directions/Clarifications)
SMITA BIDANI AND ORS. ..... Petitioners
versus
UNIVERSITY GRANTS COMMISSION
AND ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioners : Mr. Abhaya K. Behera, Advocate
For the Respondents : Mr. Manoj Ranjan. Sinha, Advocate for UGC/R-1
Mr. Ripudaman Bhardwaj, CGSC along with Ms.
Aakanksha Kaul and Mr. Manek Singh, Advocates
for UOI/R-2
Ms. Eshna Kumar and Ms. Santosh Kumari,
Advocates for R-3 to R-16
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE TALWANT SINGH
JUDGMENT
SIDDHARTH MRIDUL, J. (via Video Conferencing)
This matter has been taken up for hearing by way of Video
Conferencing on account of COVID-19 pandemic.
1. The present writ petition under Article 226 of the Constitution
of India, instituted on behalf of the petitioners, prays as follows:
"(a) Issue a writ, order or direction in the nature of certiorari
or any other writ, order or direction in like nature
setting aside and quashing the impugned order dated
21.05.2020 passed by the Ld. Central Administrative
Tribunal, Principal Bench, New Delhi in O.A. No.
798/2020 (Annexure P-9);
(b) direct the respondents to pay the cost of litigation to the
petitioners;
(c) pass such other and/or further orders as this Hon'ble
Court may deem fit and proper in the facts and
circumstances of the case."
2. By way of the present writ petition the petitioner assails the
interim order dated 21.05.2020 passed by the learned Central
Administrative Tribunal, Principal Bench, New Delhi in O.A. No.
798/2020 (hereinafter referred to as 'subject OA') titled as 'Vinod
Sharma & Others vs. University Grants Commission'.
3. Vide Order dated 27.05.2020 this Bench had stayed the
operation of the impugned order dated 21.05.2020 till the next date of
hearing.
4. Vide CM APPL. 19049/2020, the petitioners have prayed for a
direction to the official respondent Nos.1 and 2 to hold DPC for the
promotion to the post of Deputy Secretary and to give effect to the
recommendations of the DPC forthwith. The present relief is
predicated on the decision taken by the official respondents to stay
their hands and not proceed with the DPCs for the subject post, in
view of the pendency of the present writ petition, as well as, the
subject OA.
5. In view of the foregoing and having heard learned counsel
appearing on behalf of the parties, in our considered view, it would be
appropriate to set aside the paragraphs 9 and 10 of the impugned order
dated 21.05.2020 by consent, save and except to the extent where it
directs the Education Officers to be impleaded as party respondents to
the subject OA; and remit the matter to the learned Central
Administrative Tribunal, Principal Bench, New Delhi, with a direction
that the subject OA, be taken up for hearing, commencing from the
18.09.2020, the next date of hearing before the learned Central
Administrative Tribunal, Principal Bench, New Delhi, itself and
dispose it off within a period of three months thereafter, without
granting any unwarranted adjournments to the parties.
6. Mr. Abhaya K. Behara, learned counsel appearing on behalf of
the petitioners states that he shall file his affidavit in response to the
subject OA, within a period of two weeks from today with an advance
copy to learned counsel appearing on behalf of the original applicants.
7. Directed accordingly.
8. No further directions are called for.
9. With the above directions, the writ petition is disposed of. The
pending applications also stand disposed of.
10. It is made clear that, we have not expressed any opinion on the
merits of the present case.
SIDDHARTH MRIDUL
(JUDGE)
TALWANT SINGH
(JUDGE)
AUGUST 14, 2020/dn/rs
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