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RAJIV SHAKDHER, TALWANT SINGH
Union Of India – Appellant
Versus
Anubhav Sharma – Respondent
JUDGMENT
Rajiv Shakdher, J. - Cm No.20356/2021
1. Allowed, subject to just exceptions.
W.P.(C) 6474/2021 &
CM NO.20355/2021 [Application field on behalf of the petitioners seeking stay on the operation of the impugned order dated 31.08.2020]
CM NO.20357/2021 [Application field on behalf of the petitioners seeking leave to bring on record additional documents]
2. Via this writ petition, challenge is laid to the judgement dated 31.08.2020, passed by the Central Administrative Tribunal (in short "the Tribunal").
2.1 The petitioners are aggrieved by the impugned judgement, principally, on account of the directions contained therein, whereby, in effect, the respondent has been accorded an opportunity to change his category from "unreserved" (in short "UR") to "economically weaker section" (in short "EWS").
2.2. Mr. Harish Kumar Garg, who appears on behalf of the petitioners, says that the impugned judgement is flawed, as it would impact the manner in which examinations are conducted by the petitioners in future.
3. Briefly, the controversy in the case veers around the following circumstances.
3.1 Petitioner no. 1 i.e. the Staff Selection Commission (SSC), had uploaded a notice for appointment
The court emphasized that it would not interfere with the Tribunal's judgment and highlighted the importance of technology in both enabling solutions and creating problems.
A candidate's right to amend their application for an examination category is upheld, emphasizing the importance of allowing necessary changes where procedural opportunities exist.
Point of Law : Tribunal is clearly based upon the report of the Committee constituted by the Commission and as such, no illegality and infirmity can be said to have been committed by the learned Trib....
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