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2023 Supreme(Del) 4333

V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Jaibir Singh – Appellant
Versus
Govt. of NCT of Delhi – Respondent


Advocates appeared:
Mr. Anilendra Pandey, Advocate, for the Petitioner.
Mr. Yeeshu Jain, Addl. Standing Counsel with Mr. Jyoti Tyagi and Ms. Manisha, Advocates, for Respondents.

JUDGMENT

V. Kameswar Rao, J. (Oral)

CM Appls. 28683/2023 & 28711/2023

Allowed, subject to just exceptions.

Application disposed of.

W.P.(C) 7364/2023

1. The challenge in this petition is to an order dated March 14, 2023 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (`Tribunal', for short) in O.A. 718/2018 whereby the Tribunal has dismissed the O.A. filed by the petitioner by stating as under:

    "9. Having considered the legal position involved in the present case, we are of the considered view that the case of the applicant falls in the same category, where the Apex Court has held that the Recruitment Rules prevails over the Advertisement (supra). Hence, the present OA lacks merit and is dismissed accordingly. No costs."

2. The challenge of the petitioner before the Tribunal was with regard to an order dated January 19, 2018 issued by the Vice Principal, Government Boys Senior Secondary School whereby he was relieved from the post of Lecturer, Physical Education (Guest Teacher).

3. The petitioner, pursuant an advertisement issued by the respondents had applied for the said post. The advertisement stipulated the maximum age limit as 36 years. Based on the appl

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