Union Of India v. Syed Ekram Rizwi And ANR

k') $~11 to 22 (connected matters) *

IN THE HIGH COURT OF DELHI AT NEW DELHI

W.P.(C) 7619/2011 & CM No. 17241/2011 UNION PUBLIC SERVICE COMMISSION Mr. Naresh Kaushik & Ms. Aditi Gupta, Advs.

GARIMA SINGH & ORS 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 GARIMA SINGH & ORS W.P.(C) 2523/2012 & CM Nos.5401-02/2012 ANANT KISHORE SARAN W.P.(C) 2524/2012 & CM Nos.5403-04/2012 By:AMULYA

SHERSHA AND ANR W.P.(C) 2525/2012 & CM Nos.5405-06/2012 & 2167/2014 ..... Petitioner SYBD EKRAM RIZWI AND ANR W.P.(C) 2526/2012 & CM Nos.5407-08/2012 SAN DEEP KUMAR GUPTA K,.

W.P.(C) 2527/2012 & CM Nos.5409-10/2012 SOUMYA CHATTOPADHYAY AND ANR

Mr. Naresh Kaushik & Ms. Aditi W.P.(C) 5857/2012 Mr. SanjeevNarula, CGSC with SANJAY KUMAR % Mr. Naresh Kaushik & Ms. Aditi GP Capt. Karan Singh Bhati, Mr. Amit Verma & Mr. T. Gopal, Advs.

■* W.P.(C) 5858/2012 ARVIND KUMAR AND ANR Mr. Naresh Kaushik & Ms. Aditi GP Capt. Karan Singh Bhati, Mr. Amit Verma & Mr. T. Gopal, Advs.

W.P.(C) 5859/2012 Mr. SanjeevNarula, CGSC with ATYANAND

vr W.P.(C) 6597/2012 & CM Nos. 17425/2012, 19445/2012, 9528/2015 ARVIND KUMAR OP Capt. Karan Singh Bhati, Mr. Amit Verma & Mr. T. Gopal, Advs.

UOI AND ANR W.P.(C) 3003/2013 & CM No.5659/2013 ATYA NAND AND ANR Petitioners GP Capt. Karan Singh Bhati, Mr. Amit Verma & Mr. T. Gopal, Advs.

UNION OF INDIA AND ANR

CORAM:

HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MR. JUSTICE I.S.MEHTA

ORDER

% 29.05.2015 The common order dated 9'^ May, 2011 passed by learned Tribunal is

liT under challenge by the Union of India, UPSC and by the direct recruits Section Officers. Mr. Sanjay Jain, Additional Solicitor General of Union 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 of India 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 of India 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 of the said submission of the 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) 5858/2012 and 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 of India to file their affidavit within a period of six weeks. Rejoinder, if any,

be filed by the petitioner within a period of four 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