Delhi High Court
Samvidhan Bachao Trust(Regd.) & ... vs Union Of India & Ors. on 3 February, 2021
$~13.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 3rd February, 2021.
+ W.P.(C) 5564/2020 & C.M.No.22811/2020 (stay)
SAMVIDHAN BACHAO TRUST (REGD.) & ANR ..... Petitioner
Through: Mr.Ashok Kumar Sharma, Sr.Adv.
with Mr.Kshitij Mudgal, Adv.
Versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr.Chetan Sharma, ASG with
Mr.Vikas Mahajan, CGSC and Mr.Amit Gupta,
Mr.R.V.Prabhat, Mr.Sahaj Garg, Mr.Anish Roy,
Advs.
CORAM:
HON'BLE THE CHIEF J USTICE
HON'BLE MS. J USTICE J YOTI SINGH
J UDGMENT
: D.N.PATEL, Chief J ustice (Oral)
Proceedings in the matter have been conducted through video
conferencing.
1. This public interest litigation has been preferred with the following
prayers:-
"a) Pass an order thereby directing stay of the operation of
Corrigendum No. AIIMS /Rbl/ Admin/ Faculty/ Rectt/
2020-21/ 956 dated 24.08.2020 (Annexure A-3) and
Corrigendum No. AIIMS /Rbl/Admin/ Faculty/ Rectt/
2020-21/ 990 dated 07.09.2020 (Annexure A-5) and any
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:09.02.2021
20:59:11
consequent action(s) sought to be taken by the
Respondents in lieu thereof; AND
b) Pass an order directing the Respondents to not hold
interviews for 23 posts reserved for Scheduled Castes, 11
posts for Scheduled Tribes, 42 posts of Other Backward
Classes and 15 posts of Economically Weaker Sections
AND/OR
c) Pass any other/further order as this Hon'ble Court may
deem fit and proper."
2. Having heard learned counsels for the parties and looking to the
counter affidavit filed by respondent Nos.1 to 4, especially paragraphs 4, 12,
13 and 28 thereof, it is evident that the grievances ventilated by the
petitioner in this writ petition have been redressed.
3. For ready reference, paragraphs 4, 12, 13 and 28 of the said counter
affidavit are reproduced hereunder:-
"4. That AIIMS, Raebareli published vacancy circular for
filling up 158 vacant posts of faculties vide
No.AIIMS/Rbl/Admin/Faculty/2020/01 dated 02.03.2020
and the reservation of posts were done as per the
approved roster stated above. The interview for the same
were held in phases (03.09.2020 to 05.09.2020 and
14.09.2020 to 18.09.2020) and the result for the same
was declared on 21.09.2020. Against the vacant post of
158 faculties, 73 candidates were selected and out of
them 37 candidates have already joined their duties in
AIIMS, Raebareli and remaining are expected to join,
shortly.
xxx xxx xxx
12. That in view of the comments received from Department
of Personnel & Training & M/o Education, it is apparent
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:09.02.2021
20:59:11
that the Central Educational Institutions (Reservation in
Teachers' cadre) Act, 2019 is clearly applicable to the
All India Institute of Medical Sciences as Institutes of
National Importance (INIs) established by an Act of
Parliament have been covered under Section 2 (c) (ii) of
the said Act.
13. That AIIMS Raebareli will re-draw the reservation roster
after taking into account the DOPT OM No.
36039/1/2019-Estt (Res.) dated 31.01.2019, the
notification dated 12.07.2019 issued by Ministry of
Human Resource Development (now M/o Education) and
the provisions of Central Educational Institutions
(Reservation in Teachers' Cadre) Act, 2019 to AIIMS.
xxx xxx xxx
28. That in reply to para 28 of the writ petition, it is
submitted that in view of the comments received from
Department of Personnel & Training & M/o Education,
it is apparent that the Central Educational Institutions
(Reservation in Teachers' cadre) Act, 2019 is clearly
applicable to the All India Institute of Medical Sciences
as Institutes of National Importance (INIs) established by
an Act of Parliament have been covered under Section 2
(c) (ii) of the said Act. As such, AIIMS Raebareli will re-
draw the reservation roster after taking into account the
DOPT OM No. 36039/1/2019-Estt (Res.) dated
31.01.2019, the notification dated 12.07.2019 issued by
Ministry of Human Resource Development (Now M/o
Education) and the provisions of Central Educational
Institutions (Reservation in Teachers'Cadre) Act, 2019 to
AIIMS"
4. Since the relief sought in the present petition has been granted and the
prayers of the petitioner have been accepted and redressed by the
respondents, no further orders are required to be passed. Needless to state
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:09.02.2021
20:59:11
that the respondents shall take action in terms of the affidavit filed by them.
5. Writ petition is accordingly disposed of.
CHIEF J USTICE
J YOTI SINGH, J
FEBRUARY 03, 2021
'anb'
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:09.02.2021
20:59:11
