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2023 Supreme(Del) 5834

V. KAMESWAR RAO, MANMEET PRITAM SINGH ARORA
Union of India – Appellant
Versus
Manjesh Porwal – Respondent


Advocates appeared:
Mr.Nitinjay Chaudhary, Sr.Panel Counsel with Ms.Vidhi Gupta, G.P. and Mr.Rahul Maurya, Advocate, for the Petitioner.
Mr.Tushar Ranjan Mohanty, Ms.Payal Mohanty, Ms.Soumya Punna and Mr.Milind Jain, Advocates, for the Respondent.

JUDGMENT

V. Kameswar Rao, J. (Oral)

CM APPL. 49184/2023

1. Exemption allowed, subject to all just exceptions.

2. Application stands disposed of.

W.P.(C) 12475/2023 & CM APPL. 49183/2023

3. This writ petition has been filed by the petitioner/UOI challenging the order dated January 27, 2021 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (`Tribunal', for short) in O.A. No.769/2020 whereby the Tribunal has allowed the OA filed by the respondents herein by stating in paragraph Nos.9 to 13 as under:

    "9. We have thoroughly verified the advertisement as well as the relevant Recruitment Rules. There is no stipulation that a written test would be conducted as part of the selection process. For example, in case of Civil Services Examination, the written tests are held at two stages, namely, the preliminary and main. There is no stipulation of that nature for the post of Assistant Director (Cost). The test, which was held in respect of the applicant, was part of the short listing criteria. It is fairly well known that the UPSC reserves to itself, the right to take recourse to short listing criteria. This may include the one of taking into account, the higher qualifications

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