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RAJIV SHAKDHER, TALWANT SINGH
Anjul Sharma – Appellant
Versus
State Council Of Educational Research And Training – Respondent
JUDGMENT
Rajiv Shakdher, J. - CM Nos.10176-77/2022
1. allowed, subject to just exceptions.
W.P.(C) 3467/2022
CM No.10178/2022[application filed on behalf of the petitioner for interim relief]
CM No.10179/2022[application filed on behalf of the petitioner for placing on record additional documents]
2. Issue notice.
2.1. Ms avnish ahlawat accepts notice on behalf of the respondent.
3. With the consent of the counsel for the parties, the writ petition is taken up for hearing and final disposal, at this stage itself.
4. This writ petition seeks to lay challenge to the order dated 15.02.2022, passed by the Central administrative Tribunal [in short "the Tribunal"] in O.a. No.358/2022.
4.1. The operative directions passed by the Tribunal are contained in paragraph 5 of the impugned order. For the sake of conveneice, the same is extracted hereftaer :
'5. In view of the limited prayer made by the learned counsel for the applicant and in the interest of justice, we deem it fit and proper to direct the respondent to consider applicant's representations dated 24.12.2021, 28.12.2021 and 31.12.2021 after duly providing her/her counsel, an opportunity of being heard and dispose of the same, through a re
Provisional participation in interview pending fresh action before the Tribunal
The court directed provisional participation in an interview while preserving the ability to contest eligibility, emphasizing that such permission does not confer rights pending further Tribunal acti....
Administrative decisions must follow procedural fairness, and undue delay in raising challenges does not invalidate prior lawful appointments.
The main legal point established in the judgment is the court's authority to direct the Tribunal to address the lack of interim protection in the previous interim order.
The court ruled that procedural irregularities in the appointment process do not invalidate the appointment, especially when the candidate has served uninterruptedly for over a decade.
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