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V. KAMESWAR RAO, MANMEET PRITAM SINGH ARORA
Union of India – Appellant
Versus
Manjesh Porwal – 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
The judgment established that the distinction for according pay protection based on the manner of recruitment was arbitrary and unfair, and the Office Memorandum removing the distinction was acknowle....
The court affirmed that pay protection benefits must be granted to direct recruits from PSUs regardless of recruitment through competitive examinations, rejecting arbitrary restrictions on eligibilit....
Distinction in pay protection between interview and open competitive examination selections is arbitrary, lacking intelligible differentia, violating Articles 14 and 16; employees from government ser....
The main legal point established in the judgment is that a selection process based solely on interview performance may lead to arbitrariness and lack of transparency, and the purpose of any qualifyin....
The main legal point established in the judgment is that the selection based on interview alone is permissible, and there is no rule of thumb for the weightage of marks for interview, as it varies fr....
Participating without objection in the selection process bars a candidate from later contesting its fairness; procedural adherence in evaluation is crucial for validity.
The court affirmed the authority to modify recruitment procedures under established rules, recognizing urgency and valid administrative discretion despite changes in selection criteria.
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