Single judge order dismissing the writ petition challenging an interim order by the CAT allowing respondents to appear in the Civil Services (Main) Examination.
Interim order permitting respondents to appear in the examination is allowed; writ petition dismissed.
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versus PATIL BHUSHAN MANOHAR & ORS ..... Respondents Through CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR O R D E R % 06.12.2016 C.M. No.45452/2016
Exemption allowed, subject to all just exceptions.
W.P.(C) 11547/2016
The present writ petition is directed against the interim order
dated 1st December, 2016, passed by the Principal Bench of the Central Administrative Tribunal, by which the respondents have been permitted to appear in the Civil Services (Main) Examination, 2016 scheduled to be held between 3rd December, 2016 and 9th December, 2016.
Counsel for the petitioner has drawn our attention and relied
upon the enclosed judgments, to submit that the interim order should
not have been passed.
Be that as it may, in the present case, on the question of balance of convenience, we are not inclined to interfere as the main examination has already commenced and the respondents have appeared. To interject at this stage without notice to the respondents would be incorrect. The Central Administrative Tribunal has specifically noticed and recorded that the result of examination would not be declared till further orders.
Counsel for the petitioner has expressed apprehension that similar orders may be passed in other years relying upon this interim order. We clarify that the interim order passed by the Tribunal does not mean that it has to be followed in other cases as well. We also clarify that the observations made in this order and the observations made by the Tribunal will not be construed as binding precedent. All issues are left open.
Recording the aforesaid, the writ petition is dismissed.
SANJIV KHANNA, J.
CHANDER SHEKHAR, J.
DECEMBER 06, 2016/NA
1 issue framed by the court
Whether the writ court should interfere with the interim order permitting respondents to appear in the Civil Services (Main) Examination, 2016.
UNION PUBLIC SERVICE COMMISSION
PATIL BHUSHAN MANOHAR & ORS
SANJIV KHANNA
CHANDER SHEKHAR
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
