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2009 Supreme(SC) 999

TARUN CHATTERJEE
Union of India – Appellant
Versus
Dalbir Singh – Respondent


Advocates appeared:
For the Appellants :B. Datta, A.S.G., S. Wasim Qadri, B.K. Prasad, Mrs. Anil Katiyar,, Advocates.
For the Respondents:Shekhar Kumar, Vijay Kumar, Mukesh Verma, M.R. Shamshad, Yash Pal Dhingra, Vivek Vishnoi, Advocates.

Judgment :-

H.L. Dattu, J.

Leave granted.

1) This appeal, which has come before us on special leave, is directed against a judgment and order of a Division Bench of Punjab and Haryana High Court, in Civil Writ Petition No. 6481 - CAT of 2005 dated April 25, 2005, affirming the order passed by the Central Administrative Tribunal, Chandigarh Bench in O.A. No. 86-HR of 2003 dated May 22, 2004.

2) The short question is, whether the Administrative Tribunal is justified in directing the appellants to appoint Respondent No. 1 as a selected candidate in the general category even though he had not applied under that category.

3) The appellants advertised in the News Paper for selection to 20 vacant posts of Mazdoor both in general and reserved category. Respondent No. 1 applied for selection in the reserved (OBC) category and had annexed his OBC certificate dated 4.5.1997. A separate Board Proceedings was prepared for the candidates who had claimed concession on the basis of OBC certificate and name of the respondent No. 1 was also in the said proceedings. Since the permanent address furnished in the application was different and the OBC certificate furnished was from the different State; t








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