The High Court quashed a non-speaking order dated 20.6.2019 rejecting the petitioner's candidature, holding that the legal ratio adjudged in Writ-C No.24484 of 2019 was fully attracted to the present facts, thereby rendering the impugned order untenable in law.
Quashing of the non-speaking order dated 20.6.2019 (Annexure no.5).
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Court No. - 1
Case :- WRIT - C No. - 32251 of 2019
Petitioner :- Shrimati Katariya Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Saleem Ahmad,Iqbal Ahmad Counsel for Respondent :- A.S.G.I.,Vikas Budhwar,Yogendra Kumar
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Heard Saleem Ahmad, learned counsel for the petitioner, Sri Vikas Budhwar, learned counsel appearing for the Petroleum Corporation and perused the record.
This writ petition has been filed by the petitioner with a prayer to quash the order dated 20.6.2019 passed by respondent no.3, Hindustan Petroleum Corporation Ltd.
From the perusal of the impugned order dated 20.6.2019, we find that the said order is non-speaking one while rejecting the candidature of the petitioner. On the question of an order being non-speaking and therefore, untenable in law, we have already decided a bunch of writ petitions leading one being Writ-C No.24484 of 2019 on 13.8.2019.
In our considered opinion, the legal aspect in the said judgement (supra) is fully attracted in the present petition. The learned counsel for the respondent-corporation does not dispute that the ratio of the judgement is fully applicable to the facts of the present case. In such view of the matter, the order impugned dated 20.6.2019 (Annexure no.5) is hereby quashed.
The writ petition stands disposed of accordingly in terms of order and directions as contained in writ petition No. 24484 of 2019.
(Ajit Kumar, J.) (Ramesh Sinha, J.)
Order Date :- 17.10.2019 NS
2 issues framed by the court
Whether the impugned non-speaking order rejecting the petitioner's candidature is legally sustainable.
Whether the legal aspect decided in Writ-C No.24484 of 2019 is attracted to the facts of the present petition.
Colour shows how this judgement treated each authority
Writ-C No.24484 of 2019Explained¶7
Shrimati Katariya
Union Of India
Hindustan Petroleum Corporation Ltd.
Ramesh Sinha
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
