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2021 Supreme(Del) 298

J.R.MIDHA
Bharati Rathore – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Shivendra Pratap Singh.
For the Respondents: Mr. Chetan Sharma, Mr. Kirtiman Singh, Mr. Waize Ali Noor, Mr. Taha Yasin, Mr. Amit Gupta, Mr. Vinay Yadav, Mr. Akshay Gadeock, Mr. Sahaj Garg, Ms. Poonam Singh, Mr. Sachin Dhania, Mr. Kabindra Joshi, Mr. A.S. Chandhiok, Ms. Neelam Deol, Mr. Nikhil Goel, Vinay Mathew, Mr. Naresh Kaushik.

JUDGMENT :

J.R. MIDHA, J.

1. The petitioner applied for the post of Examiner of Patents and Designs in the stream of Bio-Medical Engineering. The petitioner topped in the Mains Examination by scoring the highest marks in the Mains Examination. However, the petitioner has challenged the result declared by the respondents. The petitioner is seeking the appointment to the post of Examiner of Patents and Designs in the stream of Bio-Medical Engineering. In the alternative, the petitioner is seeking quashing of the entire selection process and the results declared by the respondents.

Relevant Facts

2. In August, 2018, the respondents invited applications for 220 posts of Examiner of Patents and Designs in various subject/disciplines including Bio-Medical Engineering vide Advertisement No. 01/CGPDTM/2018. Out of 220 posts advertised, four posts were allocated to the stream of Bio-Medical Engineering (Two posts for Unreserved Category, one post for SC and one post for OBC).

3. The educational qualification prescribed for Examiner of Patents and Designs in stream of Bio-Medical Engineering is Bachelor's Degree in Bio-Medical Engineering/ Technology.

4. The petitioner is holding a 5 year Dual Deg

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