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HIGH COURT OF DELHI
Date of Decision: 22.08.2025
SANDEEP KUMAR .....Petitioner
Through: Mr.R.V. Sinha, Mr.A.S. Singh, Ms.Shriya Sharma, Advs.
Through: Mrs.Avnish Ahlawat, SC, Mr.Nitesh Kumar Singh, Ms.Aliza Alam, Mr.Mohnish
Sehrawat, Advs.
HON’BLE MS. JUSTICE RENU BHATNAGAR
NAVIN CHAWLA, J. (ORAL)
JUDGMENT
1. This petition has been filed by the petitioner, challenging the Order dated 26.05.2025 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as ‘Tribunal’) in O.A. No.4345/2018, titled Sandeep Kumar v. Govt. of NCT of Delhi & Ors., dismissing the said O.A. filed by the petitioner herein on the ground that the OBC Candidates, who may be affected by any order that may be passed in the O.A., had not been impleaded by the petitioner.
2. The limited grievance of the petitioner is that the learned Tribunal ought to have granted at least an opportunity to implead such WP(C) 12705/2025 OBC Candidates, if they were found to be proper and necessary parties to the O.A.
3. We find that the O.A. had been pending adjudication before the learned Tribunal since 2018. No objection regarding the nonimpleadment of the alleged necessary and proper parties had been raised by the respondents in its reply filed, and the said objection was taken only during the course of oral submissions before the learned Tribunal.
4. In such circumstances, if the learned Tribunal was of the view that these candidates were proper and necessary parties to the O.A., it should have granted an opportunity to the petitioner to implead them.
5. Accordingly, the Impugned Order is set aside. The O.A is restored back to its original number before the learned Tribunal. The petitioner shall be entitled to implead the necessary and proper parties in the O.A., and upon such impleadment, the learned Tribunal shall issue notice to those parties.
6. The original parties to the O.A. shall appear before the learned Tribunal for a preliminary hearing and for further directions, on 15th September, 2025.
7. The petition and the pending applications are disposed of in the above terms.
NAVIN CHAWLA, J RENU BHATNAGAR, J AUGUST 22, 2025/Arya/DG