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DELHI HIGH COURT
RAJIV SHAKDHER, TALWANT SINGH
Bipin Batra – Appellant
Versus
National Board of Examinations – Respondent
| Table of Content |
|---|
| 1. petitioner's grievance regarding tribunal's procedure. (Para 2) |
| 2. respondent's argument about tribunal's discretion. (Para 3) |
| 3. court's request for tribunal to address key issues. (Para 4 , 6) |
| 4. conclusion and directive for affidavit submission. (Para 7 , 8) |
JUDGMENT
Rajiv Shakdher, J.: (ORAL)
[Court hearing convened via video-conferencing on account of COVID-19]
CM APPL. 23192/2021
1. Allowed, subject to just exceptions.
W.P.(C) 7352/2021 and CM APPL. 23191/2021 [Application filed on behalf of the petitioner seeking exemption from filing a copy of the impugned order dated 28.07.2021 and attested affidavits in support of the petition]
2. The principal grievance of the petitioner before us is that, after the Central Administrative Tribunal (in short `the Tribunal') had reserved orders in O.A./3346/2019 on 27.07.2021, the matter was put back on board, based on a mention being made, on 28.07.2021, by the Advocate for the Union of India.
2.1. Mr. M. Dutta, who appears for the petitioner, informs us that the aforementioned O.A. is now listed for hearing before the concerned Bench of the Tribunal on 13.08.2021.
2.2. It would be relevant to note that, Mr. Dutta ha
The court established that procedural integrity must be maintained in administrative hearings, emphasizing that all parties should be adequately notified and heard on issues regarding the reopening o....
The court emphasized that dismissing a case without merit-based reasoning is improper, necessitating remand for a fresh adjudication.
Tribunals must provide reasoned judgments when closing cases; failure to do so invalidates their orders, necessitating further adjudication.
A decision must be rendered by the same individuals who heard a case to ensure procedural fairness and consistency in adjudication.
The right to fair evaluation in examination contexts necessitates that technicalities, such as signature issues, be addressed without undermining a candidate's opportunity for assessment, ensuring pr....
Timely adjudication is essential in legal matters, particularly for litigants with serious health concerns, and courts should ensure expedited hearings.
Court mandates compliance with Supreme Court rulings on affirmative action for Scheduled Castes, emphasizing the need for quantifiable data on backwardness.
The court emphasized that procedural dismissals based on language should not obstruct the evaluation of substantive claims, warranting a remittance for merits consideration.
The court emphasized the importance of a discussion on merits in the adjudication of the matter and the need for both sides to have the opportunity to present their respective stands before the Tribu....
The court mandates the Tribunal to address pending applications promptly to ensure effective relief and maintain status quo for affected parties.
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