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2011 Supreme(SC) 1233

HARJIT SINGH BEDI, GYAN SUDHA MISRA
Union Public Service Commission – Appellant
Versus
Naseeruddin Wani – Respondent


Advocate Appeared:
For the Appellant :Mr. Ranjit Kumar, Sr. Adv., Ms. Binu Tamta, Advocates.
For the Respondents:- Mr. Tanveer A. Mir, Adv., Mr. Arvind Kumar Gupta, Adv., Ms. Vimla Sinha, Adv., Mr. Shreekant N. Terdal, Advocates.

ORDER :

1. Leave granted.

2. We have heard the learned counsel for the parties.

3. We are not inclined to go into the larger issues raised by Mr. Ranjit Kumar, the learned Senior Counsel for the appellants with regard to the correctness or otherwise of the orders of the Tribunal or of the High court in the light of the limited relief that we feel should be granted to the appellants. The two issues raised by the appellant sare that the orders of the Tribunal and ipso facto the order of the High Court went far beyond the scope of justified judicial interference inasmuch that a re-assessment of the merit of respondent No. 1. vis-a-vis the other candidates had not been made by a competent authority and a direction had straight-away been made giving him appointment to the IPS Cadre with effect from 1996 whereas the appellant UPSC had made his allotment from the year 1997. We notice from the Original Application filed by the respondent before the tribunal that the primary prayer made by him was that the State Government should re-write his Appraisal Reports for the year 1998-99 by reviewing the decision of the accepting Authority and to make the gradation on the basis of the remarks written

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