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HIGH COURT OF DELHI
W.P.(C) 12107/2019
SANJEET KUMAR .....Petitioner
Through: Mr. Ishaan Chawla, Adv.
Through: Ms. Pratima N. Lakra, CGSC
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER (ORAL)
22.11.2024 C. HARI SHANKAR, J.
JUDGMENT
1. The petitioner is aggrieved by an order dated 29 March 2019, passed by the Central Administrative Tribunal[1], whereby the Tribunal has dismissed OA 3375/2014.
2. The petitioner, as the applicant before the Tribunal, was aggrieved by the cancellation of his candidature for an examination for recruitment to Group D posts in the Northern Railways. The candidature was cancelled on the ground that certain candidates were found, on the basis of an expert opinion, to have resorted to unfair means. “the Tribunal”, hereinafter
3. It is not in dispute that none of the candidates were issued any show cause notice, before their candidature was cancelled.
4. Certain similar candidates, who had approached the Tribunal and whose original applications were also dismissed, petitioned this Court by means of WP (C) 10621/2018[2] and WP (C) 10622/2018[3]. The said petitions have been disposed of by a coordinate Bench of this Court by order dated 19 January 2024, by setting aside the orders passed by the Tribunal and further reserving liberty with the respondents in the following terms:
5. It is not in dispute that the petitioners in the aforesaid writ petitions and the present petitioner are identically situated. They were all candidates for the same examination and their candidature was cancelled for the same reason. Jitender v UOI Chandrakant Tyagi v UOI
6. Accordingly, keeping in mind the interests of uniformity and consistency, we deem it appropriate to dispose of this petition in line with the order dated 19 January 2024 passed by the Coordinate Bench of this Court in WP (C) 10621/2018 and WP (C) 10622/2018.
7. Accordingly, the directions contained in paras 10 to 12 of the order dated 19 January 2024, the aforesaid writ petitions would apply mutatis mutandis to the present petition as well. The impugned order dated 29 March 2019 of the Tribunal is quashed and set aside subject to the said observations and directions.
8. The writ petitions stands allowed to the aforesaid extent with no order as to costs.
C. HARI SHANKAR, J.