High Court Delhi held petitioner to be a necessary party in CAT OA No. 843/2019 and set aside CAT's order refusing impleadment, directing CAT to consider petitioner's petition for vacation of interim order.
Set aside CAT order refusing impleadment; directed CAT to implead petitioner and hear MA No. 1252/2019 for vacation of interim order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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CORAM: JUSTICE S.MURALIDHAR JUSTICE REKHA PALLI
O R D E R % 06.05.2019
WP(C) No.4738/2019 Page 1 of 5
UP. The selection was conducted by the Union Public Service Commission (UPSC). While Respondent No.2 who secured 68 marks was on top of the list, the Petitioner secured 65 marks and was in the Wait List (WL) as No.1.
WP(C) No.4738/2019 Page 2 of 5
7 . The present Petitioner then filed MA No. 1253/2019 in OA No. 843/2019 seeking impleadment as a party Respondent. He also filed MA No. 1252/2019 for vacation of the interim order passed by the CAT on 13th March, 2019. These two applications were listed before the CAT on 22nd April, 2019. The CAT on that date passed the following order in MA No. 1253/2019:
“ MA No. 1253/2019
This application is filed with a prayer to implead the applicant herein as one of the respondents in O.A. No. 843/2019. We would have certainly granted the prayer but for the fact that the applicant filed an independent O.A. bearing No. 356/2019. Since both the O.As, are being heard together, there is no necessity to file this MA. The MA is, accordingly, closed.”
WP(C) No.4738/2019 Page 3 of 5
there are two contestants for one vacancy in the general category in the post of Assistant Director. While Respondent No.2 was short listed on the basis of having secured 68 marks, the present Petitioner having secured 65 marks was kept in WL at No.1. It is also not in dispute that for the purposes of interview the UPSC insisted on the candidate having a Ph.D as of the cut off date 18th May 2018.
WP(C) No.4738/2019 Page 4 of 5
necessary and proper party in OA No. 843/2019. It may be noted here that in his OA No. 356/2019 the Petitioner has impleaded Respondent No.2 as such.
S. MURALIDHAR, J.
REKHA PALLI, J.
MAY 06, 2019 /mw
WP(C) No.4738/2019 Page 5 of 5
3 issues framed by the court
Whether the petitioner is a necessary and proper party to be impleaded in OA No. 843/2019 filed by the respondent applicant?
Whether the interim order in OA No. 843/2019 adversely affected the petitioner's prospects for the post?
Whether the permission to implead the petitioner as Respondent No. 3/affecting an independent OA No. 356/2019?
Shabir Ahmad Bhat
Union Public Service Commission
Shri Rajat Varshney
Department of Animal Husbandary and Dairying
S. Muralidhar
Rekha Palli
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
