Central Administrative Tribunal - Delhi
Lajwanti D/O Sh. Ratten Lal Saini vs Govt. Of Nct Of Delhi & Ors on 17 March, 2009
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH RA No. 166/2008 in OA No. 1151/2007 New Delhi this the 17th day of March, 2009 Honble Mr. Justice M. Ramachandran, Vice Chairman (J) Honble Mr. N.D. Dayal, Member (A) Lajwanti D/o Sh. Ratten Lal Saini, R/o Village Bhora Kalan, Distt. Gurgaon (Haryana). Applicant (By Advocate Shri M.K.Bhardwaj ) VERSUS Govt. of NCT of Delhi & Ors. Through The Chief Secretary, Govt. of NCT of Delhi, New Secretariat, I.P. Estate, New Delhi. The Secretary, DSSSB, FC-18, Institutional Area, Karkardooma, Delhi. Respondents (By Advocate Shri Ajesh Luthra ) O R D E R (ORAL) ( Honble Mr. Justice M. Ramachandran, Vice Chairman (J) :
Mr. Bhardwaj appeared for the applicants. He submits that in view of the order of the High Court of a later date, the order requires to be reviewed. He also cites a certificate issued by the Nursing Council dated 8.8.2008, and points out that qualifications of ANM and MPHW (F) are treated as identical in nature and worth.
-2-2. But these do not appear to be sufficient grounds for a Review. The notified qualification was ANM, and in the course of selection the respondents could not have found or permitted a person not holding the qualification, as coming within the eligible zone. Recognition of such claim would be conferring advantage to certain candidates alone, overlooking the fact that so many other persons would have thereby been in disadvantageous position. The Court has to take note of the rights of others also, who might feel that they have been given a raw deal.
3. The judgment of the High Court also may not e a sufficient circumstance for us to review our orders, since we have rested our order on reasoning which appeared to be valid to us.
4. Resultantly the RA is dismissed.
( N.D. Dayal ) ( M. Ramachandran) Member (A) Vice Chairman (J) sk