CENTRAL ADMINISTRATIVE TRIBUNAL

PRINCIPAL BENCH: NEW DELHI

C.P. No.669/2018 with MA No.4725/2018 In

O.A. No.4218/2012

Reserved On: 17.12.2018

Pronounced on: 19.12.2018

HON’BLE MR. V. AJAY KUMAR, MEMBER (J)

HON’BLE MR. A.K. BISHNOI, MEMBER (A)

1. Babu Ram Manuwal

S/o Late Latour Singh

E-12/367, East Gokulpur,

Amar Colony, Delhi-110094

Section Officer, MCI

Office at

Pocket 14, Sector-8,

Dwarka, New Delhi.

2. Bhagwan Das Jain

S/o Late Shri I.S. Jain

R/o 1/9705, St. No.2,

West Rohtash Nagar, Shahdara,

Delhi-110032. ……..Petitioners

(By Advocate: Shri M. Mohan Rao with Shri Lokesh Kumar)

Versus

1. Shri Vishwas Mehta

The then Jt. Secretary,

Ministry of Health & Family Welfare,

Govt. of India, New Delhi.

2. Shri Sanjay Srivastava

The then Secretary,

Medical Council of India,

New Delhi. ..Respondents

ORDER

By Hon’ble Mr. V. Ajay Kumar, Member (J)

O.A. No.4218/2012 filed by Shri Bhagwan Das Jain along with

2 others was disposed of by this Tribunal on 13.09.2013, as under:-

2

CP No. 669/2018 in OA No.4218/2012

“17. In view of the aforementioned, OA is disposed of with the

following directions:-

(1)

The

respondents

would

apply

reservation

in

promotion to the post of Assistant Secretary provisionally, i.e.,

till the exercise as directed by Hon’ble Supreme Court in (i)

Suraj Bhan Meena and Another Vs. State of Rajasthan and

Ors (2011) 1 SCC 467, (ii) U.P. Power Corporation Limited

Vs. Rajesh Kumar and Ors. 2012 (4) SCALE 687, (iii) M.

Nagaraj and Others Vs. Union of India and Others, JT 2006

SC 191 and (iv) Salauddin Ahmed & Another Vs. Samta

Andolan (Civil Appeal Nos. 2504-2505/2012 decided on

29.08.2012) is carried and acted upon.

(2)

Since

the

recommendation

of

the

DPC

dated

28.12.2010 has expired by efflux of time, the respondents may

go ahead with fresh DPC and consider all the eligible

candidates including respondent No.3 against reserved

vacancy. The said DPC will recommend separate year wise

panel according to year of vacancy and a separate panel for

reserved category and general category candidates.

(3)

If all the vacancies are found to be of the year 2011 or

any prior years, the respondent No.3 would be placed in the

separate select panel and then would be included in the panel

of general category candidates in the order of his seniority in

the feeder grade.

(4)

If the vacancy of reserved category along pertain to

the year 2011 and the remaining vacancies pertain to the

subsequent years, then the respondent No.3 would be

included in the select panel of the year 2011 and the general

category candidates should be included in the select panel of

the subsequent years.

The entire exercise of filling up the post in question would be

completed within a period of three months from the date of receipt

of a certified copy of this order. No costs.”

2. The

applicants

in

the

OA,

however,

filed

W.P.

(C)

No.6754/2013 against the orders of this Tribunal in the OA. The

said W.P. was disposed of on 24.04.2015, as under:-

“Mr. Tushar Mehta, learned senior counsel appearing for

the respondent No.2 submits that in compliance of the

directions given by the learned Tribunal, fresh DPC was held

on 09.02.2015 to consider the cases of all eligible candidates

including respondent No.3 for the post of Assistant Secretary

for the vacancies of the year 2010-2011. The counsel has also

produced the report of DPC in a sealed cover before the Court.

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CP No. 669/2018 in OA No.4218/2012

The same was directed to be opened. On perusal of the report

of DPC, we find that petitioner No.1 Shri Bhagwan Das Jain

has been recommended for promotion to the post of Assistant

Secretary, likewise, respondent No.3 Shri Babu Ram Manuwal

has also been recommended for promotion to the said post. So

far as petitioner No.2 Mr. Vineet Kumar Aggarwal is

concerned, he was not recommende