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2024 Supreme(All) 372

ASHWANI KUMAR MISHRA, SYED QAMAR HASAN RIZVI
Manoj Kumar Srivastava – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Appellants : Jitendra Kumar Srivastava, Samarath Singh, Ajitabh Choubey, Hritudhwaj Pratap Sahi.
For the Respondents: Abrar Ahmad, Pranjal Mehrotra, Santosh Kumar Mishra.

JUDGMENT :

ASHWANI KUMAR MISHRA, J.

1. Heard Sri Gajendra Pratap, Sri V.K. Singh, learned Senior counsels for the appellants and Sri Anurag Khanna, learned Senior Counsel assisted by Sri Pranjal Mehrotra, learned counsel for the respondents.

2. Delay in filing the Special Appeal Defective Nos. 954 of 2023 and 957 of 2023 is explained to the satisfaction of the Court. Delay is, accordingly, condoned.

3. This intra-court appeal is directed against judgment and order dated 15.9.2023, passed by learned Single Judge in a batch of writ petitions with leading Writ Petition No. 72605 2011 (Subodh Chandra Srivastava vs. Union of India and Others). For the reasons contained in the judgment of learned Single the writ petitions filed by the petitioners have been dismissed. Thus aggrieved, the petitioners have preferred the instant appeals.

4. An advertisement came to be issued by Food Corporation of India (hereinafter referred to as ‘the Corporation’) on 7.1.2011, inviting applications for appointment to various posts including thirteen posts of Assistant General Manager (Legal). The number of posts were subsequently increased to seventeen. Applications were to be submitted online on the official w

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