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2019 Supreme(Del) 1172

VIPIN SANGHI, A.K.CHAWLA
Govt. NCT of Delhi – Appellant
Versus
Mukesh Kumar Yadav – Respondent


Advocates:
Advocate Appeared:
N.K. Singh, Avnish Ahlawat, Raman Duggal, Qjuysa Joshi, A.K. Panwar, Akshay Choudhary.

JUDGMENT :

VIPIN SANGHI, J.

1. The Govt. of NCT of Delhi assails the order dated 11.05.2018 passed by the Central Administrative Tribunal, Principal Bench (Tribunal) in OA No. 2961/2016.

2. The Tribunal had allowed the said OA preferred by the respondent and quashed the order dated 01.08.2016. By the order dated 01.08.2016, the petitioners had declared the result for the recruitment held for the post of Head Constable in Transport Department of Govt. of NCT of Delhi, and the respondent was not declared as successful, even though, he secured more marks in the examination held by the petitioners, than the last selected OBC category candidate. The Tribunal directed the petitioners to treat the respondent as an OBC candidate, and consider his candidature for the post of Head Constable under post code 43/13, if he was found otherwise eligible on all other parameters, as per law.

3. In response to the advertisement issued by the petitioners for recruiting Head Constables in Transport Department of Govt. of NCT of Delhi under post code 43/13, the respondent made his application. Admittedly, he declared in the application form that he belongs to the General category/Unreserved category, even t








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