Satish Kumar Singh v. Union Public Service Commission & Anr

FIGAL,J Tribunal would require consideration. Accordingly, present writ petition is allowed. The order dated 29.5.2015 passed by the Central Administrative Tribunal is set aside. Parties shall appear before the Central Administrative Tribunal on 27.7.2015. Meanwhile, the petitioner and similarly situated persons, who had applied for the post of Assistant Legal Adviser pursuant to the advertisement bearing no.10/2013 published in July, 2013, would be permitted to appear in the interview to be held on 6.7.20 15 with regard to advertisement no.15/20 14. However, it is made clear that this arrangement would be subject to final outcome of Ir the Original Application.

¶12Accordingly, present writ petition and CM APPL.No. 11420/2015 stand disposed of in view of above.

¶13Let a copy of this order be given DASTI to counsel for the parties under the signature of Court Master. p G.S.SISTANI, J W. P. No. 628112015

$11. * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6281/2015 % Judgment dated 3'' July, 2015 SATISH KUMAR SINGH Petitioner Through: Mr.Ruchir Mishra and Mr.Mukesh Kumar Tiwari, Advs. versus UNION PUBLIC SERVICE COMMISSSION AND ANR Through: Respondents Mr.Vardhman Malik, Adv. for Mr.Naresh Kaushik, Adv. for respondent no. 1. Ms.Archana Gaur, Adv. for Ms.Mansi Gupta, Adv. for respondent no.2. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL 1. G.S.SISTANI, J (ORAL) CM APPL. NOS.114211-22/2015. Exemption allowed subject to all just exceptions. Applications stand disposed of. W.P.(C) 6281/2015 & CM APPL. 11420/2015. 3. OA No. 1985/201 5 filed before the Central Administrative Tribunal was dismissed in limine on 29.5.2015, which has led to the filing of the present writ petition. As per the petition, in the month of .July, 2013, an advertisement bearing no.10/2013 was published by the Union Public Service Commission, inviting online recruitment application for the posts mentioned in the W.P.(c) No. 628112015 Page I of 6 advertisement including 14 vacancies (Vacancy no. 1307 1008227) for the post of Assistant Legal Adviser (ALA) in the Department of Legal Affairs, Ministry of Law and Justice. The petitioner, who was eligible and fulfilled the required criteria for the post of ALA, submitted his application online bearing no.11905090241. However, the advertisement bearing no.10/2013 was withdrawn vide subsequent advertisement bearing no.12/2014, which was re-advertised vide advertisement no.15/2014. By the time advertisement no.15/2014 was published, the petitioner herein became ineligible on account of the age criteria. 5. it is the case of the petitioner that respondent no.1 had re-advertised for the said fourteen vacancies without any change either in the number of vacancies or the method of recruitment, however, on account of cancellation of the advertisement no.10/2013, re-advertisement of the said posts and age limit, the petitioner became ineligible. 6. As per the petitioner, the petitioner made a representation to the respondents stating that online application submitted by him at the time of advertisement no.10/2013 be considered and he be permitted to participate • in the recruitment process for the post of ALA with regard to the advertisement no.15/2014. Having considered the representations, the Department of Legal Affairs vide its letter dated 10.10.2014 forwarded representations of three officers including the petitioner herein to the UPSC, inter a/ia, pointing out that the said three officers were eligible at the time when fourteen vacancies for the post of Assistant Legal Adviser were advertised in July, 2013, but the same was withdrawn and the said fourteen vacancies have been re-advertised in September, 2014, but in the meantime said three officers became over aged. Having pointed as above, the department of legal affairs requested UPSC to consider the representation of the said three officers including petitioner herein sympathetically and consider them for the post of Assistant Legal Adviser, advertised vide advertisement issued in September, 2014: In response to the aforesaid communication dated 10.10.2014 of respondent no.2, UPSC vide its communication dated 17.4.2015 intimated to respondent no.2/Department of Legal Affairs that its request for considering the three officers including petitioner herein could not be acceded to as making exception in case of three candidates may invite court cases/representation from other similarly placed candidates. Being aggrieved with the LJPSC's communication dated 17.4.2015, the petitioner, inter a/ia, challenging the UPSC/s communication No.F.1/161(11)/2014-R- I 1 (part) dated 17.4.20 15 and, inter a/ia, praying that his earlier application against advertisement no.10/2013 for the post of ALA be treated as application against advertisement no.15/2014 and that his printed application form for the post of ALA in the office of department