Delhi Subordinate Service Selection Board vs Rahul Dabas

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
RAJIV SHAKDHER, TALWANT SINGH
Delhi Subordinate Service Selection Board – Appellant
Versus
Rahul Dabas – Respondent

JUDGMENT

Rajiv Shakdher, J. (Oral)

[Court hearing convened via video-conferencing on account of COVID-19]

CM No. 27330/2021

1. Allowed, subject to just exceptions.

W.P.(C) 8777/2021 and CM No. 27329/2021[Application filed on behalf of the petitioners seeking stay on the operation of the impugned order dated 17.06.2021]

2. This writ petition is directed against the order dated 17.06.2021, passed by the Central Administrative Tribunal (in short "the Tribunal"), Principal Bench, New Delhi in O.A. No. 2107/2016.

3. The short issue involved in the present matter, according to Ms. Avnish Ahlawat, who appears on behalf of the petitioners, is: whether the Tribunal could have asked the petitioners to consider the case of the respondent [i.e., the original applicant] for appointment to the subject post, when he had himself not indicated in the OMR sheet that he fell in the category of OBC "from Delhi"?

4. A perusal of the impugned order would show that, the Tribunal was of the view that, the aforementioned aspect [that is, the category claimed by the candidate], forms material part of the verification, which is to take place, only when the concerned candidate appears physically with

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