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2013 Supreme(All) 334

LAXMIKANTA MOHAPATRA, SUNITA AGARWAL
INDIAN COUNCIL OF AGRICULTURAL RESEARCH – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Counsel :
V.K. Singh and G.K. Singh for the Petitioner; S.S.C., A.S.G.I., K.C. Sinha, K.C. Srivastava, K.S. Singh, Krishna Agarwal, S.F.A. Naqvi and S.K. Verma for the Respondents.

JUDGMENT

Hon’ble Mrs. Sunita Agarwal, J.—Heard Sri V.K. Singh, learned counsel for the petitioner, learned Standing Counsel and Sri Kripa Shankar Singh, learned counsel appearing for respondent No. 3.

2. Present writ petition is directed against the judgment and order dated 26.2.2004 passed by the Central Administrative Tribunal, Allahabad in Original Application No. 1201 of 1996 whereby the order of cancellation of selection of respondent No. 3 was quashed.

3. Brief facts giving rise to the present writ petition are that the applicant i.e. respondent No. 3 in pursuance of the advertisement issued in the month of June, 1994, applied for the post of Scientist-I in various discipline including Biotechnology (Animal Science). The respondent No. 3 applied under OBC category and submitted a certificate of the Tehsildar dated 15.3.1996 which certifies that respondent No. 3 is wife of Ajai Kumar who belongs to OBC and further that he/she does not belong to creamy layer as mentioned in the Column 3 of the Schedule appended to the Office Memorandum dated 8.9.1993. The written test was held in October, 1994. After the interview the respondent No. 3 was selected and a letter of appointment dat



















































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