JUDGMENT :

MEHTA, J.

1. The instant batch of writ petitions has been filed by All India Institute of Medical Sciences through Controller of Examinations, New Delhi and the Director, All India Institute of Medical Sciences, Jodhpur being aggrieved of the common order dated 04.10.2021 and orders dated 23.12.2021 passed by Central Administrative Tribunal, Jodhpur Bench, Jodhpur whereby, the Original Applications preferred by the respondents herein were accepted and the petitioners herein were directed to complete the process of posting the selected candidates in pursuance of the notification No.78/2018 dated 27.09.2018 purely on the basis of the preference given by such candidates on overall merit secured by them in the examination in their respective category.

2. As the writ petitions involve common questions of facts and law, they have been heard and are being decided together by this order.

3. Brief facts relevant and essential for disposal of these writ petitions are noted hereinbelow:-

4. The petitioner No.1 All India Institute of Medical Sciences, Delhi (hereinafter referred to as AIIMS, Delhi) conducted a common examination for direct recruitment to Group ‘D’ posts of Nursing Officer/Staff Nurse Grade-II vide notification No.78/2018 dated 27.09.2018 for AIIMS institutions countrywide. The respondents (applicants before the Tribunal) applied for these posts in the OBC category and as per the choice option given in the recruitment notification, they ticked Jodhpur as first preference for posting. The result of the selection examination was declared on 20.02.2020. As per the prevailing procedure and Government policies, the selected candidates were to be provided posting as per merit in the respective category.

5. It is an admitted position that the respondents, who belong to the OBC Category, were considered against the Unreserved/ General Category seats in the matter of providing place of posting and were allotted different AIIMS contrary to their first preference. The respondents herein ventilated their grievances by filing Original Applications before the Tribunal contending that several other candidates, who stood much below in rank as compared to the applicants, were accommodated/allotted seats at AIIMS Jodhpur in an arbitrary manner by ignoring the merit and hence, a prayer was made to direct the petitioners herein to allot/accommodate the respondents herein at the AIIMS Jodhpur in accordance with their merit and by adhering to the lawful procedure, these applications were allowed by a common order dated 4.10.2021 which is assailed in this bunch of appeals.

6. Learned counsel Shri Kawadia representing the petitioners submitted that the learned Tribunal was absolutely unjustified and acted without jurisdiction while accepting the Original Applications filed by the respondents. The persons likely to be adversely affected by outcome of the Original Applications (those who have been given posting at the AIIMS Jodhpur even though they stood lower in rank as compared to the applicant respondents), were not impleaded as party respondents in the Original Applications. He further urged that only short reply with preliminary objections was filed before the Tribunal and detailed reply was not filed by the petitioners herein and hence, they have been seriously prejudiced on account of not being provided appropriate opportunity to contest the original applications. He thus implored this Court to accept these writ petitions, set aside the impugned order and remand the matters to the Tribunal for fresh consideration after giving opportunity of filing detailed reply to the petitioners herein and by impleading the likely to be affected persons as party respondents therein.

7. He urged that the result was declared way back on 20.02.2020 and the candidates, who would be dislodged by the relief granted by the Tribunal to the respondents herein, have been severely prejudiced on account of the impugned judgment and hence also, the same deserves to