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2024 Supreme(Online)(CAT) 1434
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION NO.170/0
HON’BLE MRS. JUSTICE S SUJATHA
Dr.Jayakumar T.M
S/o Mallappa T.,
Aged about 29 years,
R/at Sunitha Nilaya,
Near Veterinary College,
Siddhaganga Badavane,
Shivamogga
(ByAdvocate
1. The Union
Represented by Under Secretary,
Ministry of
CHS I Section,
Nirman Bhavan,
New Delhi
1
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION NO.170/0
ORDER RESERVED ON :
DATE OF ORDER
HON’BLE MRS. JUSTICE S SUJATHA
Dr.Jayakumar T.M.,
S/o Mallappa T.,
Aged about 29 years,
R/at Sunitha Nilaya,
Near Veterinary College,
Siddhaganga Badavane,
Shivamogga – 577 204.
ByAdvocate Govindaraj K.Joisa)
Vs.
Union of India
Represented by Under Secretary,
Ministry of Health and Family Welfare,
CHS I Section,
Nirman Bhavan,
New Delhi – 110 015.
OA No.289/2021
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION NO.170/00289/2021
ORDER RESERVED ON : 22.02.2023
DATE OF ORDER : 02.03.2023
HON’BLE MRS. JUSTICE S SUJATHA
...MEMBER(J)
.... Applicant
Health and Family Welfare,
2. The Union Public Service Commission,
Through the Chairman,
Dholpur House,
Shahajahan Road,
New Delhi
3. The Tahsildar,
The Office of the Tahsildar and
Taluka Magistrate,
Shimoga Taluk,
Shimoga District.
(By Advocate
Per: Jus
Members of this Tribunal
nominated me as third m
been heard accordingly.
2
Union Public Service Commission,
Through the Chairman,
Dholpur House,
Shahajahan Road,
New Delhi – 110 009.
Tahsildar,
The Office of the Tahsildar and
Magistrate,
Shimoga Taluk,
Shimoga District.
(By Advocate Shri Hari K for Respondent No.
Per: Justice S.Sujatha ...........Member(J)
As 3RD MEMBER
In view of the dissenting orders passed by the Hon’ble
Members of this Tribunal in this matter, the Hon’ble Chairman has
nominated me as third member to hear the case. Hence, the matter has
been heard accordingly.
Union Public Service Commission,
…Respondents
for Respondent No.2)
...........Member(J)
MEMBER
In view of the dissenting orders passed by the Hon’ble
in this matter, the Hon’ble Chairman has
ember to hear the case. Hence, the matter has
2.
Administrati
(i)
or direction to quash the endorsement bearing No.CMSE
2019/R No.
Respondent No.2 (ANNEXURE
(ii)
or direction to second respondent consider the representation
dated 23.02.2021 submitted by the applicant vide (ANNEXURE
A13) by accepting the EWS cer
(iii)
consider the EWS certificate dated 06.02.2021 (ANNEXURE
A12) for financial year 2018
valid and allow the candidature of the applicant a
him.
(iv)
Rules in so far as it stipulates the date on or before 01.08.2019,
as illegal, arbitrary and violation of Article 14 and 16 of
Constitution of India.”
3
The applicant has filed this application
Administrative Tribunals Act, 1985 seeking
(i)
Issue order of certiorari or any other appropriate order
or direction to quash the endorsement bearing No.CMSE
2019/R No.0301387/E XIII/ dated 07/02/
Respondent No.2 (ANNEXURE-A8).
(ii)
Issue order of mandamus or any other appropriate order
or direction to second respondent consider the representation
dated 23.02.2021 submitted by the applicant vide (ANNEXURE
A13) by accepting the EWS certificate dated 6/2/2021.
(iii)
Issue order of mandamus directing second respondent to
consider the EWS certificate dated 06.02.2021 (ANNEXURE
A12) for financial year 2018-2019 furnished by the applicant is
valid and allow the candidature of the applicant a
him.
(iv)
Declaration to the effect that proviso to Rule 24 of the
Rules in so far as it stipulates the date on or before 01.08.2019,
as illegal, arbitrary and violation of Article 14 and 16 of
Constitution of India.”
application under Section 19 of the
ve Tribunals Act, 1985 seeking the following reliefs:
Issue order of certiorari or any other appropriate order
or direction to quash the endorsement bearing No.CMSE
0301387/E XIII/ dated 07/02/2020 issued by
A8).
Issue order of mandamus or any other appropriate order
or direction to second respondent consider the representation
dated 23.02.2021 submitted by the applicant vide (ANNEXURE
tificate dated 6/2/2021.
Issue order of mandamus directing second respondent to
consider the EWS certificate dated 06.02.2021 (ANNEXURE
2019 furnished by the applicant is
valid and allow the candidature of the applicant as claimed by
Declaration to the effect that proviso to Rule 24 of the
Rules in so far as it stipulates the date on or before 01.08.2019,
as illegal, arbitrary and violation of Article 14 and 16 of
3.
graduate in MBBS degree and completed
year 2015. Pursuant to the notification issued by the 2
UPSC dated 10.04.2019 calling upon the applications from the
candidates for
applicant submitted his online application and appeared for the said
examination on 21.07.2019.
provisional list of successful candidates in the said examination wa
published
short listed. Thereafter
(DAF) before the 2
2nd Respondent also called the select
interview along with original documents/certificates for verification.
On the basis of the notification issued by the 2
16.08.2019, the personal test was fixed for the applicant on 02.12.2019.
The applicant
support of age, educational documents, caste/category, PH status, age
relaxation etc.
documents, thereafter 2
4
The facts in brief as stated by the applicant are that he is a
graduate in MBBS degree and completed
year 2015. Purs
