Suman Bairagi vs Union of India Thr. the Secretary Department of Personnel and Training and Ors. — Bombay HC (2025) — LawSathi Research

Suman Bairagi vs Union of India Thr. the Secretary Department of Personnel and Training and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Expedited disposal of Original Application No.261 of 2025 before the Central Administrative Tribunal, with the observation that the Tribunal's interim order would not come in the way of the petitioner when the Original Application is finally argued and decided; all points on merits kept open.

Issue for consideration

Whether this Court should interfere, at the interlocutory stage, with the interim order passed by the Central Administrative Tribunal in Original Application No.261 of 2025. +1 more

Court's answer

Since the Original Application is pending before the Tribunal, this Court is not inclined to interfere with the interim order at this interlocutory stage.

Ratio / Principle

The question of the petitioner's eligibility is a contentious issue which would require consideration by the Tribunal.

Key takeaways

Instead of interfering, the Tribunal can be requested to expeditiously decide Original Application No.261 of 2025 in accordance with law.ratio¶19
The writ petition is disposed of by expediting the proceedings pending before the Tribunal, with a further observation that the interim order would not come in the way of the petitioner when the Original Application is finally argued and decided; all points on merits are kept open.ratio¶20

Detailed headnote1 paragraphs

High Court of Judicature at Bombay (Coram: A.S. Chandurkar & M.M. Sathaye, JJ.; decided 23 April 2025), Writ Petition No.5161 of 2025 — Suman Bairagi v. Union of India (Department of Personnel & Training) and Ors. The petitioner challenged the interim order passed by the Central Administrative Tribunal in Original Application No.261 of 2025, arising from his non-consideration for participation in the recruitment process for the post of Scientist “B” (Non-Destructive) in National Test House. At the prima facie stage the Tribunal had declined interim relief on the ground that the petitioner does not possess the requisite educational qualification prescribed in the advertisement, while protecting his interest by making any selection on the post subject to the final outcome of the Original Application. Holding that the petitioner's eligibility was a contentious issue requiring consideration by the Tribunal, and that the Original Application remained pending, the Division Bench was not inclined to interfere at the interlocutory stage. The Tribunal was requested to expeditiously decide the Original Application in accordance with law, with the observation that the interim order would not come in the way of the petitioner when the Original Application is finally argued and decided. All points on merits were kept open and the writ petition was disposed of.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.5161 OF 2025

Mr. Suman Bairagi .. Petitioner Vs.

Union of India, Through Department of Personnel & Training and Ors. .. Respondents

Mr. V.A. Nagrani, Advocate for the Petitioner.

Mr. S.D. Deshpande, i/by Mr. Vinod Joshi, Advocates for Respondent No.2.

CORAM : A.S. CHANDURKAR &

M.M. SATHAYE, JJ

DATE : 23^RD APRIL 2025.

P.C. :

Heard learned counsel for the parties.

The challenge raised in this writ petition is to an interim order passed by the Central Administrative Tribunal in Original Application No.261 of 2025. In the said Original Application, the petitioner raised a grievance as regards his non-consideration for participating in the recruitment process for the post of Scientist “B” (Non-Destructive) in National Test House. The reason that has weighed with the Tribunal at the prima-facie stage, is that the petitioner does not possess the requisite educational qualification prescribed in the advertisement.

On hearing the learned counsel for the petitioner, we find that the question with regard to the petitioner’s eligibility is a contentious issue which would require consideration by the Tribunal. While refusing to grant interim relief, the Tribunal has protected the interest of the

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Digitally signed by SNEHA SNEHAABHAY ABHAY DIXIT DIXIT Date:2025.04.24 14:16:59 +0530

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petitioner by stating that any selection made on the post in question would be subject to final outcome of the Original Application. The proceedings are now fixed on 29^th April 2025.

Considering the fact that the Original Application is pending before the Tribunal, we are not inclined to interfere at this interlocutory stage. Instead, the Tribunal can be requested to expeditiously decide Original Application No.261 of 2025 in accordance with law. As noted above, the selection on the said post has already been made subject to final outcome of the Original Application.

Hence, by expediting the said proceedings pending before the Tribunal with a further observation that the interim order would not come in the way of the petitioner when the Original Application is finally argued and decided, the writ petition is disposed of. All points on merits are kept open.

[ M.M. SATHAYE, J. ] [ A.S. CHANDURKAR, J. ]

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