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IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, Tushar Rao Gedela, JJ.
Suboohi Irshad (Dr.) - Appellant
Versus
Govt. of NCT Delhi - Respondent
W.P.(C) 12739 of 2022, CM Appl. 38721 of 2022 & CM Appl. 38722 of 2022
Decided On : 09-11-2022
| Table of Content |
|---|
| 1. presentation of interview results in court. (Para 1) |
| 2. request for expedited consideration by tribunal. (Para 2 , 3) |
| 3. continuation of interim protection pending disposal. (Para 4 , 5 , 6) |
| 4. disposal of petition and applications. (Para 7) |
JUDGMENT
Sanjeev Sachdeva, J. (ORAL)
1. The results of the interview for the post of Assistant Professor (UNANI), ILMUL ADVIA and Assistant Professor (UNANI) QABALAT WA AMRAZE NISWAN have been produced in a sealed cover. The same has been opened, perused and returned to learned counsel for the UPSC.
2. Learned senior counsel appearing for the petitioners submits that since the matter is pending before the Tribunal, the Tribunal be requested to expedite the consideration of the Original Application or at least consider the interim prayer of the petitioners.
3. It is informed that the Original Application is listed before the Tribunal on 21.12.2022.
4. In view of the above, the Tribunal is requested to dispose of the petition of the petitioner expeditiously. In case, it is not possible to finally dispose of the said petition, to consider the interim application for interim prayer by the petitioners, on the said date.
5. It is observed that by order dated 02.09.2022, this Court had directed that respondents shall not implement the final decision of the recruitment process till the next date of hearing. Since the Tribunal has been requested to expedite the proceedings, the interim protection shall continue till the disposal of the interim application by the Tribunal and thereafter shall be subject to the orders of the Tribunal.
6. It is expected that the Tribunal shall dispose of the petition or at least the interim application expeditiously.
7. Petition is disposed of in the above terms. The pending applications are also disposed of.
The Court emphasized the importance of expediting administrative proceedings and maintaining interim protection during the decision-making process of recruitment disputes.
The court's decision balanced the need to proceed with the recruitment process with the appellants' request for interim protection, ultimately allowing the recruitment to continue but subject to the ....
If interim direction is not issued in matter, pending adjudication of petitioner’s cause, O.A. preferred by him will be rendered infructuous.
The court emphasized the necessity of interim relief in administrative matters to protect the rights of applicants pending adjudication.
The court directed provisional participation in an interview while preserving the ability to contest eligibility, emphasizing that such permission does not confer rights pending further Tribunal acti....
The court emphasized the modification of interim relief and the commitment to facilitate employment without addressing merits.
Provisional participation in interview pending fresh action before the Tribunal
The court affirmed the necessity for tribunal adherence to procedural fairness and the importance of protecting applicants' rights pending substantive hearings, particularly in examination and select....
Judicial review limits interim relief before a successful original application; emphasis placed on the need for expeditious handling of pending cases.
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