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V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Dilip Kumar – Appellant
Versus
Govt. of NCT of Delhi – Respondent
JUDGMENT
V. Kameswar Rao, J.
1. The challenge in this writ petition is to two orders dated January 02, 2019 and November 26, 2018 passed by the Tribunal in RA 261/2018 and in OA 1656/2015, respectively. The Tribunal vide the above orders had dismissed the RA 261/2018 and O.A. 1656/2015 filed by the petitioner herein.
2. The challenge of the petitioner in the OA was in respect of appointment made by the respondent Nos.1, 2 and 3, to the post of Deputy Commissioner for Persons with Disabilities (`DCPD', for short). The Government of NCT of Delhi had on February 04, 2009 invited applications to fill up the post of DCPD. The qualification for appointment to the afore-said post is that a candidate must have educational background in Social Work, Sociology or Social Anthropology with 7 years experience in Rehabilitation Work.
3. The case of the petitioner before the Tribunal was that he had submitted his application for appointment to the post of DCPD and his case had been sponsored by an NGO in proof of his experience. However, subsequently the selection committee had selected one Mrs. Sandhya Roy Chowdhury as DCPD and the said appointment was challenged by the petitioner in OA 1743/
The main legal point established in the judgment is that the challenge to appointments and orders regarding the abolished post of DCPD under the new Act and Rules was found to be unsustainable by the....
Courts do not interfere with Selection Committee decisions absent evidence of mala fides or statutory violations, reaffirming the primacy of the Committee's expertise in candidate selection.
An illegitimate promotion violating recruitment rules and seniority is void ab initio and curable via review. Challenges to long-settled appointments are unsustainable under the principles of delay a....
Compassionate appointments must be based on qualifications applicable at the time of application, and once an appointment is made, further claims for higher posts are not permitted.
The court affirmed the principle of providing alternative employment to medically unfit candidates, emphasizing timely action and adherence to judicial discipline.
Reservation under the Persons with Disabilities Act is constitutionally mandated and cannot be denied due to post identification lapses; violations warrant legal remedy.
The Tribunal affirmed that appointment processes must adhere to fair procedures, with gross irregularities leading to the cancellation of the applicant's appointment, violating eligible candidates' r....
The court affirmed that promotion must consider merit as the primary criterion, and procedural flaws in disciplinary inquiries can invalidate corresponding punishment orders.
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