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HIGH COURT OF DELHI
W.P.(C)7619/2011 & CM No.17241/2011
UNION PUBLIC SERVICE COMMISSION Petitioner
Through Mr.Naresh Kaushik& Ms.Aditi Gupta,Advs.
HIGH COURT OF DELHI
W.P.(C)7619/2011 & CM No.17241/2011
UNION PUBLIC SERVICE COMMISSION Petitioner
Through Mr.Naresh Kaushik& Ms.Aditi Gupta,Advs.
VERSUS
GARIMA SINGH&ORS Respondents
Through Ms.Divya Jain,Adv.for Mr.Anil Grover,Adv.for R-1.
Through Ms.Divya Jain,Adv.for Mr.Anil Grover,Adv.for R-1.
W.P.(C)2176/2012&CM Nos.4698-99/2012,5642-45/2012, 1448/2013,3308/2014
UNION OF INDIA Petitioner
Through Mr.Sanjay Jain, ASG with Mr.Sanjeev Narula,CGSC with
Mr.Ajay Kalra,Adv.for UOI.
UNION OF INDIA Petitioner
Through Mr.Sanjay Jain, ASG with Mr.Sanjeev Narula,CGSC with
Mr.Ajay Kalra,Adv.for UOI.
VERSUS
GARIMA SINGH& ORS Respondents
Through Ms.Divya Jain,Adv.for R-1.
Mr.Naresh Kaushik & Ms.Aditi Gupta,Advs.for UPSC.
Through Ms.Divya Jain,Adv.for R-1.
Mr.Naresh Kaushik & Ms.Aditi Gupta,Advs.for UPSC.
W.P.(C)2523/2012&CM Nos.5401-02/2012
UNION OF INDIA Petitioner
Through Mr.Sanjay Jain,ASG with Mr.Sanjeev Narula,CGSC with
Mr.Ajay Kalra,Adv.for UOI.
UNION OF INDIA Petitioner
Through Mr.Sanjay Jain,ASG with Mr.Sanjeev Narula,CGSC with
Mr.Ajay Kalra,Adv.for UOI.
VERSUS
ANANT KISHORE SARAN Respondent
Through Ms.Divya Jain,Adv.for R-1.
Mr.Naresh Kaushik & Ms.Aditi Gupta,Advs.for UPSC.
Through Ms.Divya Jain,Adv.for R-1.
Mr.Naresh Kaushik & Ms.Aditi Gupta,Advs.for UPSC.
W.P.(C)2524/2012& CM Nos.5403-04/2012
UNION OF INDIA Petitioner
Through Mr.Sanjay Jain,ASG with 2015:DHC:11108-DB
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Mr.Sanjeev Narula,CGSC with Mr.Ajay Kalra,Adv.for UOI.
UNION OF INDIA Petitioner
Through Mr.Sanjay Jain,ASG with 2015:DHC:11108-DB
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Mr.Sanjeev Narula,CGSC with Mr.Ajay Kalra,Adv.for UOI.
VERSUS
SHERSHA AND ANR Respondents
Through Ms.Divya Jain,Adv.for R-1.
Mr.Naresh Kaushik & Ms.Aditi Gupta,Advs.for UPSC.
Through Ms.Divya Jain,Adv.for R-1.
Mr.Naresh Kaushik & Ms.Aditi Gupta,Advs.for UPSC.
W.P.(C)2525/2012&CM Nos.5405-06/2012&2167/2014
UNION OF INDIA ..... Petitioner
Through Mr.Sanjay Jain, ASG with Mr.Sanjeev Narula,CGSC with
Mr.Ajay Kalra,Adv.for UOI.
UNION OF INDIA ..... Petitioner
Through Mr.Sanjay Jain, ASG with Mr.Sanjeev Narula,CGSC with
Mr.Ajay Kalra,Adv.for UOI.
VERSUS
SYBD EKRAM RIZWI AND ANR Respondents
Through Ms.Divya Jain,Adv.for R-1.
Mr.Naresh Kaushik & Ms.Aditi Gupta,Advs.for UPSC.
Through Ms.Divya Jain,Adv.for R-1.
Mr.Naresh Kaushik & Ms.Aditi Gupta,Advs.for UPSC.
W.P.(C)2526/2012& CM Nos.5407-08/2012
UNION OF INDIA Petitioner
Through Mr.Sanjay Jain,ASG with Mr.Sanjeev Narula,CGSC with
Mr.Ajay Kalra,Adv.for UOI.
UNION OF INDIA Petitioner
Through Mr.Sanjay Jain,ASG with Mr.Sanjeev Narula,CGSC with
Mr.Ajay Kalra,Adv.for UOI.
VERSUS
SAN DEEP KUMAR GUPTA Respondent
Through Ms.Divya Jain,Adv.for R-1.
Mr.Naresh Kaushik & Ms.Aditi Gupta,Advs.for UPSC.
Through Ms.Divya Jain,Adv.for R-1.
Mr.Naresh Kaushik & Ms.Aditi Gupta,Advs.for UPSC.
W.P.(C)2527/2012&CM Nos.5409-10/2012
UNION OFINDIA Petitioner
Through Mr.Sanjay Jain,ASG with Mr.Sanjeev Narula,CGSC with
Mr.Ajay Kalra,Adv.for UOI.
UNION OFINDIA Petitioner
Through Mr.Sanjay Jain,ASG with Mr.Sanjeev Narula,CGSC with
Mr.Ajay Kalra,Adv.for UOI.
VERSUS
SOUMYA CHATTOPADHYAY AND ANR Respondents
Through Ms.Divya Jain,Adv.for R-1.
2015:DHC:11108-DB
Through Ms.Divya Jain,Adv.for R-1.
2015:DHC:11108-DB
W.P.(C)5857/2012
UNION OF INDIA
Through
UNION OF INDIA
Through
VERSUS
SANJAY KUMAR
■*
Through Mr. Naresh Kaushik & Ms. Aditi Gupta, Advs. for UPSC.
Petitioner Mr. Sanjay Jain, ASG with Mr. SanjeevNarula, CGSC with
Mr. Ajay Kalra, Adv. for UOI.
Respondent Ms.Divya Jain, Adv. for R-1.
Mr. Naresh Kaushik & Ms. Aditi Gupta, Advs. for UPSC.
GP Capt. Karan SinghBhati, Mr. Amit Verma & Mr. T. Gopal, Advs.
■*
Through Mr. Naresh Kaushik & Ms. Aditi Gupta, Advs. for UPSC.
Petitioner Mr. Sanjay Jain, ASG with Mr. SanjeevNarula, CGSC with
Mr. Ajay Kalra, Adv. for UOI.
Respondent Ms.Divya Jain, Adv. for R-1.
Mr. Naresh Kaushik & Ms. Aditi Gupta, Advs. for UPSC.
GP Capt. Karan SinghBhati, Mr. Amit Verma & Mr. T. Gopal, Advs.
W.P.(C) 5858/2012
UNION OF INDIA Petitioner
Through Mr. Sanjay Jain, ASG with Mr. Sanjeev Narula, CGSC with
Mr. Ajay Kalra, Adv. for UOI.
UNION OF INDIA Petitioner
Through Mr. Sanjay Jain, ASG with Mr. Sanjeev Narula, CGSC with
Mr. Ajay Kalra, Adv. for UOI.
VERSUS
ARVIND KUMAR AND ANR Respondents
Through Ms. Divya Jain, Adv. for R-1.
Mr. Naresh Kaushik & Ms. Aditi Gupta, Advs. for UPSC.
GP Capt. Karan Singh Bhati, Mr. Amit Verma & Mr. T. Gopal, Advs.
Through Ms. Divya Jain, Adv. for R-1.
Mr. Naresh Kaushik & Ms. Aditi Gupta, Advs. for UPSC.
GP Capt. Karan Singh Bhati, Mr. Amit Verma & Mr. T. Gopal, Advs.
W.P.(C) 5859/2012
UNION OF INDIA
Through
UNION OF INDIA
Through
VERSUS
ATYANAND
Petitioner Mr. Sanjay Jain, ASG with Mr. SanjeevNarula, CGSC with
Mr. Ajay Kalra, Adv. for UOI.
Respondent 2015:DHC:11108-DB vr
Through Ms.Divya Jain,Adv.for R-1.
Mr.Naresh Kaushik & Ms.Aditi Gupta,Advs.for UPSC.
Petitioner Mr. Sanjay Jain, ASG with Mr. SanjeevNarula, CGSC with
Mr. Ajay Kalra, Adv. for UOI.
Respondent 2015:DHC:11108-DB vr
Through Ms.Divya Jain,Adv.for R-1.
Mr.Naresh Kaushik & Ms.Aditi Gupta,Advs.for UPSC.
W.P.(C)6597/2012&CM Nos.17425/2012, 19445/2012,9528/2015
ARVIND KUMAR Petitioner
Through OP Capt.Karan Singh Bhati, Mr.Amit Verma& Mr.T.Gopal, Advs.
ARVIND KUMAR Petitioner
Through OP Capt.Karan Singh Bhati, Mr.Amit Verma& Mr.T.Gopal, Advs.
VERSUS
UOI AND ANR Respondents
Through Mr.Sanjay Jain,ASG with Mr.Sanjeev Narula,CGSC with
Mr.Ajay Kalra,Adv.for UOI.
Mr.Naresh Kaushik & Ms.Aditi Gupta,Advs.for UPSC.
Through Mr.Sanjay Jain,ASG with Mr.Sanjeev Narula,CGSC with
Mr.Ajay Kalra,Adv.for UOI.
Mr.Naresh Kaushik & Ms.Aditi Gupta,Advs.for UPSC.
W.P.(C)3003/2013 &CM No.5659/2013
ATYA NAND AND ANR Petitioners
Through GP Capt.Karan Singh Bhati, Mr.Amit Verma& Mr.T. Gopal, Advs.
ATYA NAND AND ANR Petitioners
Through GP Capt.Karan Singh Bhati, Mr.Amit Verma& Mr.T. Gopal, Advs.
VERSUS
UNION OF INDIA AND ANR Respondents
Through Mr.Sanjay Jain,ASG with Mr.Sanjeev Narula,CGSC with
Mr.Ajay Kalra,Adv.for UOI.
Mr.Naresh Kaushik & Ms.Aditi Gupta,Advs.for UPSC.
Through Mr.Sanjay Jain,ASG with Mr.Sanjeev Narula,CGSC with
Mr.Ajay Kalra,Adv.for UOI.
Mr.Naresh Kaushik & Ms.Aditi Gupta,Advs.for UPSC.
CORAM:
HON'BLE MR.JUSTICE KAILASH GAMBHIR
HON'BLE MR.JUSTICE I.S.MEHTA
29.05.2015 The common order dated 9'^ May,2011 passed by learned Tribunal is
2015:DHC:11108-DB liT under challenge by the Union of India, UPSC and by the direct recruits
Section Officers. Mr.Sanjay Jain, Additional Solicitor General ofUnion of
India appearing for the Government states that he has taken up the matter with the Government to withdraw the petitions filed by the Union ofIndia and the advise given by him has now been accepted by the Government.
Counsel also submits that so far the petitions filed by the direct recruits is concerned,the same shall be contested by the Union ofIndia and for which the counsel prays for giving time to file their counter-affidavit. Counsel also submits that insofar as the legal issues raised by the petitioner in these petitions are concerned, the same be left open to be decided in some appropriate case. Mr. Sanjay Jain has placed on record the communication dated 27"" May,2015 received by the Standing Counsel in this regard. The same be taken on record.
In the light ofthe said submission ofthe learned Additional Solicitor
General, all the petitions preferred by the Union of India, being
HON'BLE MR.JUSTICE I.S.MEHTA
29.05.2015 The common order dated 9'^ May,2011 passed by learned Tribunal is
2015:DHC:11108-DB liT under challenge by the Union of India, UPSC and by the direct recruits
Section Officers. Mr.Sanjay Jain, Additional Solicitor General ofUnion of
India appearing for the Government states that he has taken up the matter with the Government to withdraw the petitions filed by the Union ofIndia and the advise given by him has now been accepted by the Government.
Counsel also submits that so far the petitions filed by the direct recruits is concerned,the same shall be contested by the Union ofIndia and for which the counsel prays for giving time to file their counter-affidavit. Counsel also submits that insofar as the legal issues raised by the petitioner in these petitions are concerned, the same be left open to be decided in some appropriate case. Mr. Sanjay Jain has placed on record the communication dated 27"" May,2015 received by the Standing Counsel in this regard. The same be taken on record.
In the light ofthe said submission ofthe learned Additional Solicitor
General, all the petitions preferred by the Union of India, being
W.P.(C)2176/2012, W.P.(C)2523/2012, W.P.(C)2524/2012, W.P.(C)
2525/2012, W.P.(C)2526/2012, W.P.(C)2527/2012, W.P.(C)5857/2012, W.P.(C)5858/2012and W.P.(C)5859/2012 are dismissed as withdrawn.
Separate affidavit has been filed by the UPSC seeking withdrawal of
2525/2012, W.P.(C)2526/2012, W.P.(C)2527/2012, W.P.(C)5857/2012, W.P.(C)5858/2012and W.P.(C)5859/2012 are dismissed as withdrawn.
Separate affidavit has been filed by the UPSC seeking withdrawal of
W.P.(C) 7619/2011 and, therefore, the same is accordingly dismissed as withdrawn. All the legal issues as raised by the Union of India and the
UPSC in these petitions shall remain open to be decided in an appropriate case.
With regard to the other two petitions filed by the direct recruits, being W.P.(C)6597/2012 and W.P.(C)3003/2013, we grant time to Union ofIndiato file their affidavit within a period ofsix weeks. Rejoinder,ifany, 2015:DHC:11108-DB be filed by the petitioner within a period offour weeks.
List W.P.(C)6597/2012 and W.P.(C)3003/2013 on October,2015.
If any promotions in the meanwhile are made against the regular post of
Under Secretary, the same shall be subject to the final outcome of these petitions preferred by the direct recruits.
KAILASH GAMBHIR,J EHTA,J MAY 29,2015 km 2015:DHC:11108-DB
UPSC in these petitions shall remain open to be decided in an appropriate case.
With regard to the other two petitions filed by the direct recruits, being W.P.(C)6597/2012 and W.P.(C)3003/2013, we grant time to Union ofIndiato file their affidavit within a period ofsix weeks. Rejoinder,ifany, 2015:DHC:11108-DB be filed by the petitioner within a period offour weeks.
List W.P.(C)6597/2012 and W.P.(C)3003/2013 on October,2015.
If any promotions in the meanwhile are made against the regular post of
Under Secretary, the same shall be subject to the final outcome of these petitions preferred by the direct recruits.
KAILASH GAMBHIR,J EHTA,J MAY 29,2015 km 2015:DHC:11108-DB
JUDGMENT