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2023 Supreme(Del) 317

VIBHU BAKHRU, AMIT MAHAJAN
Rabindra Tiwary – Appellant
Versus
Lt. Governor, Govt. Of NCT of Delhi – Respondent


Advocate Appeared:
For the Appellant :Mr Ajit Kumar Sinha, Senior Advocate with Mr Niraj Kumar Mishra, Mr. Manoj Jha and Ms Parul, Advocates.
For the Respondents:Mrs Avnish Ahlawat, SC for GNCTD with Mr Nitesh Kumar Singh, Ms Laavanya Kaushik & Ms. Aliza Alam, Dr Amit George, Mr Rayadurgam Bharati, Mr Arkaneil Bhaumik, Mr Amol Acharya and Mr Piyo Harold Jaimon, Advocates

JUDGMENT :

VIBHU BAKHRU, J.

1. The petitioner has filed the present petition, inter alia, praying that he be appointed as a Judicial Officer at the Delhi Higher Judicial Service (hereafter ‘DHJS’) by creating a supernumerary vacancy. The petitioner further prays that directions be issued to the respondents to de-reserve the vacancies reserved for candidates belonging to Scheduled Castes and Scheduled Tribes by amending the advertisement published on 24.02.2022 (hereafter ‘the impugned advertisement’) issued for inviting applications for Delhi Higher Judicial Service Examination - 2022 (hereafter ‘DHJS Exam-2022’). The petitioner also prays that he be considered for appointment as a person belonging to the Economically Weaker Section (EWS). Alternatively, the petitioner prays that the impugned advertisement for DHJS Exam-2022 be set aside.

2. Respondent no.2 (hereafter ‘the DHC’) had issued the impugned advertisement dated 23.02.2022, inviting online applications from eligible candidates for filling up 45 (forty-five) vacancies (43 existing vacancies and 02 anticipated vacancies) b

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