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IN THE HIGH COURT OF DELHI AT NEW DELHI
V. Kameswar Rao, Anoop Kumar Mendiratta, JJ.
Rashmi Yadav – Appellant
Versus
Kendriya Vidyalaya Sangathan – Respondent
W.P.(C) 9270 of 2023, CM APPL. 35311 of 2023
Decided On : 14-07-2023
Exemption - Central Administrative Tribunal Order - The court allowed exemption subject to just exceptions and disposed of the application. The challenge in the writ petition was to an order passed by the Central Administrative Tribunal denying interim relief to the petitioner. The court disposed of the writ petition by stating that the appointment of the last selectee to the post shall be subject to the outcome of the Original Application, and directed the Tribunal to hear the parties and decide the Original Application expeditiously.
Fact of the Case:
The challenge in the writ petition was to an order passed by the Central Administrative Tribunal denying interim relief to the petitioner.
Finding of the Court:
The court disposed of the writ petition by stating that the appointment of the last selectee to the post shall be subject to the outcome of the Original Application, and directed the Tribunal to hear the parties and decide the Original Application expeditiously.
Issues: The challenge in the writ petition, protection of petitioner's rights, and appointment of the last selectee.
Ratio Decidendi: The appointment of the last selectee to the post shall be subject to the outcome of the Original Application.
Final Decision: The court directed that the appointment of the last selectee to the post shall be subject to the outcome of the Original Application and directed the Tribunal to decide the Original Application expeditiously.
JUDGMENT
V. Kameswar Rao (Oral)
CM APPL. 35312/2023
1. Exemption allowed, subject to all just exceptions.
2. Application stands disposed of.
W.P.(C) 9270/2023, CM APPL. 35311/2023
3. The challenge in this writ petition is to an order dated June 09, 2023 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (`Tribunal' in short) in O.A. No. 1775/2023, whereby the Tribunal while considering the application for interim relief filed by the petitioner herein has denied the same.
4. The submission of learned counsel for the petitioner is, the order is not tenable as the Tribunal has not protected the rights of the petitioner in the eventuality she succeeds in the original application.
5. We have heard learned counsel for the petitioner and Mr. Rajappa.
6. This writ petition is disposed of by stating that the appointment of the last selectee to the post of PGT (Chemistry) in the category applied by the petitioner shall be subject to the outcome of the Original Application being O.A. 1775/2023 (Delhi).
7. It is made clear that this fact shall be mentioned in the appointment letter to be issued to such selectee. We also expect that the Tribunal shall hear the counsel for the parties on August 24, 2023 and decide the O.A. as expeditiously as possible, preferably within three weeks thereafter.
8. Pending application also stands disposed of.
The appointment of the last selectee to the post shall be subject to the outcome of the Original Application.
The court affirmed the principle of providing alternative employment to medically unfit candidates, emphasizing timely action and adherence to judicial discipline.
The main legal point established in the judgment is the requirement for verification of relevant experience and procedural formalities in considering the candidature for appointment.
The court affirmed the necessity for tribunal adherence to procedural fairness and the importance of protecting applicants' rights pending substantive hearings, particularly in examination and select....
The importance of fair and transparent examination processes and the need to ensure uniform application of instructions for marking answer sheets.
Review petitions should demonstrate an apparent error on the face of the order being challenged, rather than challenging the order on its merits.
Timely adjudication of pending applications
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