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High Court of DelhiW.P.(C)/7369/2016

Anupama Khera v. Indian Council Of Social Science Research & ANR

2016-12-19Hon'Ble Mr. Justice Valmiki J. Mehta3 pages

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7369/2016 & CM No. 30255/2016 (stay) ANUPAMA KHERA ..... Petitioner Through:

Mr. Vaibhav Kalra and Mr. Jasbir Bidhuri, Adv.

versus INDIAN COUNCIL OF SOCIAL SCIENCE RESEARCH & ANR ..... Respondents Through:

Mr.

Amitesh Kumar and Mr.

Shashank Shekhar Singh, Advocate for R-1.

Mr. J.P.Sharma, CGSC for R-2.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 19.12.2016 1.

This writ petition was filed for appointment to the post of Documentation/Library Officer with the respondent no.1, and for which the recruitment rule relied upon was filed at page 25 of the writ petition providing for appointment by direct recruitment/promotion/deputation. 2.

Learned counsel for respondent no.1 has pointed out that petitioner has wrongly relied upon the recruitment rule given at page 25 inasmuch as the relevant recruitment rule is for appointment to the post only

by promotion or deputation or short-term contract and which rule after being amended by respondent no.1/Board of Directors has the benefit of approval in terms of the letter of September 2007 of the Ministry of HRD. 3.

Therefore, it is seen that petitioner who seeks appointment by direct recruitment possibly may not be eligible once the relevant recruitment rule is for appointment to the post in question only by promotion or deputation.

4.

At this stage, counsel for the petitioner states that petitioner be allowed to withdraw this writ petition with liberty to file a fresh writ petition if the petitioner has a legal cause of action in terms of the amended rule of September 2007. It is also stated that though other reliefs were prayed in the writ petition, however the relief in the writ petition is now only confined to seeking fresh appointment to the petitioner to the post of Documentation/Library Officer in accordance with the applicable rules. 5.

In view of the above, this writ petition is disposed of as not pressed with liberty to the petitioner to seek reliefs in accordance with the extant rule for the post of Documentation/Library Officer with the respondent no.1 as per the amended position with effect from September

2007.

6.

The writ petition is disposed of accordingly. VALMIKI J. MEHTA, J DECEMBER 19, 2016 ib