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2023 Supreme(Del) 5992

V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Surender Kumar And Others – Appellant
Versus
Govt. of NCT of Delhi And Others – Respondent


Advocates appeared:
Mr.Shivanshu Bhardwaj and Mr.Rajiv Singh, Advocates, for the Petitioners in W.P.(C) 9378 of 2021 & CM APPL. 29105 of 2021 and W.P.(C) 9539 of 2021, CM APPLS. 29545 of 2021 & 52607 of 2022.
Mrs.Avnish Ahlawat, SC with Ms.Tania Ahlawat, Mr.Nitesh Kumar Singh, Ms.Laavanya Kaushik, Ms.Aliza Alam and Mr.Monish Sehrawat, Advocates, for the GNCTD in W.P.(C) 9378 of 2021 & CM APPL. 29105 of 2021 and W.P.(C) 9539 of 2021, CM APPLS. 29545 of 2021 & 52607 of 2022 & W.P.(C) 9671/2021, CM APPLS. 29845-29846/2021.
Mr.Naresh Kaushik, Mr.Manoj Joshi, Mr.Anand Singh, Ms.Shikha John and Mr.Shubham Dwivedi, Advocates, for the UPSC in W.P.(C) 9378 of 2021 & CM APPL. 29105 of 2021 and W.P.(C) 9539 of 2021, CM APPLS. 29545 of 2021 & 52607 of 2022 & W.P.(C) 9671/2021, CM APPLS. 29845-29846/2021.
Mr.Anuj Aggarwal, Advocate, for the Petitioner in W.P.(C) 9671/2021, CM APPLS. 29845-29846/2021.
Ms.Radha Yadav and Mr.B.K.Singh, Advocates for intervener-Mr.Shitize Rao in CM. No. 33681/2023 & W.P.(C) 9671/2021, CM APPLS. 29845-29846/2021.
Mr.Ravin Rao, Mr.Nimish Chib, Mr.Akshit Sawal, Mr.Jatin Rana and Ms.Tarini Khurana, Advocates, for the Petitioner in W.P.(C) 9806/2021.

JUDGMENT

Anoop Kumar Mendiratta, J. - W.P.(C) No.9539/2021 (preferred by 08 petitioners); W.P.(C) No.9378/2021 (preferred by 24 petitioners), W.P.(C) No.9671/2021 (preferred by 01 petitioner) and W.P.(C) No.9806/2021 (preferred by 01 petitioner) challenge the common order dated March 25, 2021 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter, referred to as the `Tribunal') in OA No.255/2021, O.A. No.256/2021 and O.A. No.305/2021, whereby the OAs preferred by the petitioners who were working on contractual basis as Assistant Public Prosecutor in Govt. of NCT of Delhi, seeking age relaxation for regular appointment to the post of Assistant Public Prosecutor, were disposed of as under:

    "11. We, therefore, dispose of the OAs directing that the Government of NCT of Delhi shall make its stand very clear as to

    (a) whether it wants the UPSC to proceed with the selection of candidates for the posts of APP in accordance with the recruitment rules, as they stand now;

    (b) or whether it proposes to amend the rules by acceding to the request of the applicants and thereby wants to discontinue the ongoing process.

    (c) Either way, it shall be decided by the responden

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