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2022 Supreme(Guj) 446

N.V.ANJARIA, SAMIR J.DAVE
Jayanti Lal Devasi S/o Chelaram Devasi – Appellant
Versus
Divisional Railway Manager (E) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr Utkarsh J Dave, Rahul Sharma
For the Respondent: Mr Sudhir M Mehta

JUDGMENT :

N.V.Anjaria, J.

Heard learned advocate Mr.Rahul Sharma for the petitioner and learned advocate Mr.Sudhir Mehta for the respondent.

2. By filing this petition, the petitioner has challenged order dated 28.6.2021 passed by Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad in Original Application No.169 of 2021. The Tribunal thereby upheld the decision of the respondent authorities in not accepting the application of the petitioner for allowing the petitioner to participate in the limited departmental competitive examination for the purpose of promotional post.

2.1 Before the Tribunal, the petitioner- applicant had prayed for setting aside the order dated 25.3.2021 whereby the petitioner was declared ineligible for appearing in the selection examination. Further direction was prayed for against the respondent to prepare a fresh list of eligible candidates by including the name of the petitioner. In the alternative, it was prayed to declare the petitioner as eligible to appear at the Limited Departmental Competitive Examination (LDCE) and to promote the petitioner to the post of Junior Clerk upon his qualifying at the examination. Yet another prayer was made to declare

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