Disposed

Abhijeet Alkesh v. Pradeep Kumar Joshi, Chairman Union Public Service Commission & Anr.

Delhi HC22 Apr 2024CONT.CAS(C)/668/2020

Case brief

AI extract

What is this about?

The High Court directed the Union Public Service Commission to determine the eligibility and placement of petitioners within three weeks, following Supreme Court directions. Liberty was granted to revive the petitions if the order is not implemented.

What did the court decide?

Direction to respondents to finalize cases of qualified petitioners within three weeks; liberty granted to revive petition if order is not complied.

Abhijeet Alkesh Vs Pradeep Kumar Joshi… — Pension and Retirement Benefits | Delhi HC (2024)

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$~32 and 33

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CONT.CAS(C) 666/2020 & CM APPL. 29181/2020 NAVNEET KAUR & ORS. ..... Petitioners Through: Mr. Arpit Shukla with Ms. Gargi Srivastava, Advocates. (M): 9871431988

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versus

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PRADEEP KUMAR JOSHI, CHAIRMAN, UNION PUBLIC SERVICE COMMISSION & ANR. ..... Respondents Through: Mr. Vardhman Kaushik with Mr. Dhruv Joshi and Mr. Mayank Sharma, Advocates for respondent no. 1/UPSC. Mr. Niraj Kumar, Senior Central Govt. Counsel for respondent no. 2. (M): 9810020341

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Email: [email protected]

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- CONT.CAS(C) 668/2020 ABHIJEET ALKESH ..... Petitioner Through: Mr. Arpit Shukla with Ms. Gargi Srivastava, Advocates. (M): 9871431988

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versus

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PRADEEP KUMAR JOSHI, CHAIRMAN UNION PUBLIC SERVICE COMMISSION & ANR. ..... Respondents Through: Mr. Vardhman Kaushik with Mr. Dhruv Joshi and Mr. Mayank

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CONT.CAS(C) 666/2020 & 668/2020 Page 1 of 4

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 04:47:52

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Sharma, Advocates for respondent no. 1/UPSC.

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Mr. Niraj Kumar, Senior Central Govt. Counsel for respondent no. 2. (M): 9810020341 Email: [email protected] Mr. Neeraj, SPC with Mr. Vedansh Anand, Govt. Pleader, Mr. Rudra Paliwal, Mr. Mahesh Kumar Rathore and Mr. Sanjay Pal, Advocates for respondent/UOI. (M): 8700015764 Email: [email protected]

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CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R % 22.04.2024

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Learned counsel appearing for the respondents submits that the respondents had approached the Supreme Court in SLP (Civil) Nos. 441445/2021 in the case titled as “Union Public Service Commission Vs. Saumya Pandey & Ors. . He submits that by order dated 07^th March, 2024, the Supreme Court has disposed of the said appeal with clear directions to the respondents to proceed with determining the eligibility, entitlement and placement of the candidates belonging to the Economically Weaker Sections (“EWS”) of society, as per their merit. He has handed over copy of the order dated 07^th March, 2024 passed by the Supreme Court, which reads as under:-

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“1. Leave granted.

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2. The Union Public Service Commission (in short, “UPSC”) is in appeal against the judgment dated 11.09.2020, passed by a Division

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CONT.CAS(C) 666/2020 & 668/2020 Page 2 of 4

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 04:47:52

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Bench of the High Court of Delhi, in terms whereof, the order dated 13.01.2020 of the Central Administrative Tribunal (in short, “Tribunal”) in a batch of Original Applications filed by the candidates belonging to Economically Weaker Sections of society, was upheld, whereunder the date of issuance of EWS Certificates was extended from 01.08.2019 to 16.08.2019, being the last date to upload DAF-1.

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3. We have heard learned senior counsel for the appellant as well as learned counsel for the respondents and carefully perused the material placed on record.

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4. We find from the impunged order passed by the Tribunal as well as the High Court that the date of issuance of EWS Certificates was extended for a few days in the peculiar facts and circumstances of these cases and as a one time concession, considering that year 2019 was the first year when the benefit of reservation was extended to the candidates belonging to the economically weaker sections of the society.

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5. It goes without saying that the impugned order, having been passed in a peculiar fact situation, shall not be treated as binding precedent in the future and the UPSC shall be well within its right to insist for the sanctity of the cut-off date.

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6. The UPSC and the Department of Personnel and Training (DoPT) shall now accordingly proceed to determine the eligibility, entitlement and placement of the candidates belonging to economically weaker sections of society, as per their merit.

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7. The instant civil appeals are disposed of in the above terms.

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8. IA No. 36757/2021 and IA No. 33792/2021 are also disposed of in terms of the above order.”

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Learned counsel appearing for the respondents submits that the respondents have already taken steps to process the case of the petitioners and to determine their eligibility, entitlement and placement, in terms of the order passed by the Supreme Court.

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Learned counsel appearing for the respondents submits that the needful shall be done expeditiously within a period of three weeks from today.

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The respondents are bound by their statement with respect to

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CONT.CAS(C) 666/2020 & 668/2020 Page 3 of 4

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 04:47:52

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finalising the case of the petitioners, who have qualified, within a period of three weeks from today.

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In view of the aforesaid, no further orders are required to be passed by this Court.

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However, liberty is granted to the petitioners to revive the present petition, in case the order dated 07^th March, 2024 passed by the Supreme Court is not complied by the respondents, in its letter and spirit.

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The present petitions are accordingly disposed of.

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MINI PUSHKARNA, J

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APRIL 22, 2024

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CONT.CAS(C) 666/2020 & 668/2020 Page 4 of 4

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 04:47:52

Abhijeet Alkesh v. Pradeep Kumar Joshi, Chairman Union Public Service Commission & Anr.

Case brief

What is this about?

What did the court decide?

Abhijeet Alkesh v. Pradeep Kumar Joshi, Chairman Union Public Service Commission & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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