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HIGH COURT OF DELHI
Date of Decision: September 13, 2023
STAFF SELECTION COMMISSION AND ORS. ..... Petitioners
Through: Mrs. Avnish Ahlawat, Standing Counsel, GNCTD (Services) with
Mrs. Taniya Ahlawat, Mr. Nitesh Kumar Singh, Ms. Laavanya Kaushik, Ms. Aliza Alam and Mr. Mohnish Sehrawat, Advocates.
Through:
STAFF SELECTION COMMISSION AND ORS. ..... Petitioners
Through: Mrs. Avnish Ahlawat, Standing Counsel, GNCTD (Services) with
Mrs. Taniya Ahlawat, Mr. Nitesh Kumar Singh, Ms. Laavanya Kaushik, Ms. Aliza Alam and Mr. Mohnish Sehrawat, Advocates.
Through: Mr. Subodh Kumar Pathak and Mr. Akash Swami, Advocates.
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA V. KAMESWAR RAO (Oral)
JUDGMENT
1. Exemption allowed, subject to all just exceptions.
2. Applications stand disposed of. W.P.(C) 12019/2023 W.P.(C) 12022/2023
3. Though, counsel for the respondents were present in the morning session, but in the post lunch session, no one appears for the respondents.
4. In the morning session Mr. Sachin Chauhan appearing for respondents in W.P.(C) 12019/2023, has drawn the attention of the Court to the memo of parties to state that 17 respondents have been impleaded in the petition, though many of the respondents have been given the employment and their grievance does not survives.
5. Noting the said submission, Mr. N.K. Singh has filed an amended memo of parties in the post lunch session. The same has been filed with filing no. E-1669281/2023. The same is taken on record.
6. The challenge in these petitions is to the order dated July 07, 2023, whereby the Tribunal while considering the interim prayer made by the respondents has in paragraph 6 of the orders stated as under:
6. Thus, we are of the view that the respondents are creating doubts in our judicial minds whether the applicants are granted fair opportunity or not as for them, it is a question of appointment and livelihood that comes under the Article 14 and 16 of the Constitution of India. Moreover, in the interest of justice, we hereby direct the Staff Selection Commission to constitute another High Power Committee, excluding the members earlier appointed by it, to re-examine the case of all the remaining candidates whose results are withheld and submit the status report within a period of eight weeks.”
7. We have in identical writ petitions being W.P.(C) Nos.11961/2023 & 11975/2023, which were listed yesterday, disposed of the same by stating as under:
8. For parity of reasons, the impugned orders dated July 07, 2023 in O.A. nos. 755/2023 and 635/2022 are set aside. As the O.A.’s are pending consideration before the Tribunal, the Tribunal shall decide the OAs in accordance with law.
9. This order must not be construed as our expression on merit of issue raised by the respondents in the Original applications.
10. We take on record the submission made by Mrs. Ahlawat that the report of the Committee constituted by the Staff Selection Commission shall be placed on the file of the Tribunal in these OAs with a copy to the learned counsel for the respondents. The writ petitions are disposed of.
11. The applications are dismissed as infructuous.
V. KAMESWAR RAO, J.
ANOOP KUMAR MENDIRATTA, J. SEPTEMBER 13, 2023