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2020 Supreme(SC) 35

L.NAGESWARA RAO, HEMANT GUPTA
Mohd. Rashid – Appellant
Versus
Director, Local Bodies, New Secretariat – Respondent


Advocates Appeared:
For the Appellant(s) :Harshvir Pratap Sharma, Tejas Patel, Ajay Chand Sharma, Mamta Sharma, Pankaj Kumar, Gautam Jha, Advocates
For the Respondent(s):Ajay Bansal, Praveen Swarup, B.C. Santosh Kumar, Rahul Tomar, Chandra Pratap Singh, Gaurav Yadava, Veena Bansal, Hrishikesh Baruah, Vibhuti Sushant Gupta, Himanshu Kalra, Ram Naresh Yadav, Advocates

JUDGMENT :

HEMANT GUPTA, J.

1. The candidates for direct recruitment to the posts of Administrative Officer/Assistant Assessor and Collector [for short, ‘posts in question’] are in appeals before this Court directed against an order passed by the High Court of Delhi on 1st September, 2016.

2. The candidates who were initially appointed as Lower Division Clerks and promoted as Upper Division Clerks/Head Clerks invoked the jurisdiction of the Central Administrative Tribunal [for short, ‘Tribunal’] challenging Advertisement No. 3 of 2013 dated 12th September, 2013 whereby, the respondents set in process to fill up the posts advertised by way of direct recruitment. The argument was that the Recruitment Regulations for the post of Administrative Officer/Assistant Assessor and Collector in North, South and East Delhi Municipal Corporations, 2013 [for short, ‘Recruitment Rules’] contemplate that the vacancies for the posts in question are to be filled up by promotion failing which by direct recruitment. It was thus alleged that without resorting to promotion by convening meeting of the D


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