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2023 Supreme(Del) 3276
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
Important Points
Subject
Administrative Law - Judicial Review
Headnote
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.
Mr. Syed Hasan Isfahani, Advocate, for the Petitioner.
Mr. S. Rajappa and Mr. R. Gowrishankar, Advocates, for the Respondents.
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.
