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V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
National Council of Educational Research And Training – Appellant
Versus
Sh. Verander Prasad Bhatt – Respondent
JUDGMENT
V. Kameswar Rao, J. (Oral)--The challenge in this petition is to an order dated May 18, 2023 passed by the Central Administrative Tribunal (`Tribunal', for short) whereby the Tribunal while considering the prayer for interim relief by the petitioner vide MA 1782/2023 has stated as under:
"Prima facie, at this stage, since the applicants have made prescribed applications pursuant to the aforesaid7 notification issued in April, 2023, the applicants have made out a case for consideration. The respondents are directed to accept the applications of the applicants provisionally and allow them to participate in the selection process, subject to the outcome of the present O.A.
It is made clear that though the applicant(s) have applied online, liberty is also granted to them to file manual applications as well. The date of written examination has not yet been notified. However, the respondents are directed to accept the applications of the applicants and process the same.
It may also be clarified that the present order will not give applicants an indefeasible right for being appointed and the case of the applicant shall be adjudicated on the merits at the time of final disposal of the
The final decision on the merits of a case should be adjudicated at a later stage by the appropriate tribunal.
The court emphasized the importance of considering the petitioner for appointment in line with the provisions of the Recruitment Rules, 2015.
The Central Administrative Tribunal cannot modify recruitment advertisement terms; it must adhere to established procedures and ensure compliance with legal standards in granting age relaxation.
If interim direction is not issued in matter, pending adjudication of petitioner’s cause, O.A. preferred by him will be rendered infructuous.
Post of Assistant Teacher (primary) - Claiming benefit of age relaxation - CAT has given a clear and categorical finding while disposing of the O.A that Assistant Teachers (Primary) of Municipal Corp....
The court held that age relaxation in recruitment must be uniformly exercised and procedural fairness should guide the Tribunal's decision-making on such applications.
The court emphasized the necessity of interim relief in administrative matters to protect the rights of applicants pending adjudication.
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