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DELHI HIGH COURT
RAJIV SHAKDHER, TALWANT SINGH
Union of India – Appellant
Versus
Suneel Kumar – Respondent
| Table of Content |
|---|
| 1. challenge to appointment order based on recruitment process. (Para 1 , 2 , 3 , 4) |
| 2. grounds for challenging cat's decision presented. (Para 5 , 6 , 8) |
| 3. analysis of signature discrepancies relevant to candidature. (Para 7 , 11 , 12 , 13 , 14 , 15 , 16 , 18 , 19 , 20) |
| 4. modification of cat directions concerning appointment conditions. (Para 21 , 22) |
| 5. final disposal of writ petition with modification of directions. (Para 23 , 24) |
JUDGMENT
Talwant Singh, J. The petitioners, i.e., Union of India and others, have filed the present writ petition challenging the order dated 16.03.2021, passed by the Central Administrative Tribunal [in short "CAT"], Principal Bench, New Delhi, in Original Application [OA] No. 1302/2018 and Miscellaneous Application [MA] No. 558/2021. The operative portion of the order dated 16.03.2021 reads as under:
"10. We, therefore, allow the OA and direct the respondents to treat the applicant as a candidate who did not suffer any disqualification and proceed to consider the issuance of the order of appointment, on the basis of the merit secured by him in the written test. The exercise in this behalf shall be completed within a period of two months
The delay in filing an application is excused when the applicant only becomes aware of rejection reasons much later, and signature mismatches do not constitute valid grounds for disqualification if o....
The blame lies at door of official of petitioners, who had drafted OMR sheet and not with candidate who has followed instructions given in box no.7 of the OMR sheet. It is reiterated here that there ....
The court emphasized adherence to natural justice in administrative decisions, ruling that cancellation of candidature without proper notice is impermissible.
Cancellation of candidature based on technical errors without due process is invalid.
The integrity of recruitment processes must be maintained under constitutional provisions, and adequate opportunities must be granted for candidates to contest any allegations before adverse actions ....
The court upheld the rejection of the applicant's candidature based on expert opinion regarding handwriting mismatch, affirming that natural justice does not guarantee specific procedures if fairness....
Tampering with an OMR answer sheet invalidates a candidate's application; expiration of select panels limits appointment validity.
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