Yogita v. Govt. Of N.C.T. Delhi And ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 1638/2019 YOGITA ..... Petitioner Through:

Mr. Jasmeet Singh, CGSC along with Mr. Saurabh Tiwari, Adv.

versus GOVT. OF N.C.T. DELHI AND ORS.

..... Respondents Through Mr. N.K. Singh, Adv. for Mrs.Avnish Ahlawat, Standing Counsel.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 18.02.2019 CM APPL. 7494/2019 Exemption allowed, subject to just exceptions. W.P.(C) 1638/2019 Issue notice. Learned counsel for the respondents accepts notice. Since the issue involved is very limited, we have heard the learned counsel for the parties and proceed to dispose of the petition. The petitioner is aggrieved by the order dated 25.01.2019 passed by the Central Administrative Tribunal, Principal Bench (CAT) in MA No. 342/2019 in OA No. 167/2019.

The Tribunal had rejected the said OA, whereby, the petitioner sought interim relief in the OA on the premise that the petitioner is seeking interim relief in the nature of final relief. The grievance of the petitioner in the OA is that her candidature for

the post of PGT (Hindi) Female has been rejected without assigning any reasons. Though, there is no express order communicated to the petitioner rejecting her candidature, she is not in a position to upload the documents on account of her candidature being not processed any further. She has assailed the said action of the respondent before the Tribunal. The interim relief sought by the petitioner before the Tribunal was, firstly, to seek a direction to the respondents to open the link so that, she could upload her e-dossier. She also sought direction to the respondents to keep one post vacant in SC category, till the final disposal of the OA. The reasoning adopted by the Tribunal may have been true in so far as the first interim relief prayed by the petitioner is concerned. However, in our view, the Tribunal could have, and rather should have, directed that the filling-up of the vacancies in the post of PGT (Hindi) Female for SC category candidates would be subject to the outcome of the OA. We order accordingly.

The petition stands disposed of in the above terms. VIPIN SANGHI, J A. K. CHAWLA, J FEBRUARY 18, 2019 rc