Supreme Court - Daily Orders
Utkarsh Upadhyay vs Ombeer Singh Parmar on 12 January, 2026
ITEM NO.32 COURT NO.13 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) DIARY NO(S). 44314/2025
[Arising out of impugned final judgment and order dated 25-03-2025
in WP(C) No. 6694/2024 passed by the High Court of Delhi at New
Delhi]
UTKARSH UPADHYAY Petitioner(s)
VERSUS
OMBEER SINGH PARMAR & ORS. Respondent(s)
IA No. 303309/2025 - CONDONATION OF DELAY IN FILING
IA No. 303176/2025 - CONDONATION OF DELAY IN REFILING / CURING THE
DEFECTS
IA No. 303308/2025 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 303314/2025 - PERMISSION TO FILE PETITION (SLP/TP/WP/..) Date : 12-01-2026 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE MANOJ MISRA HON'BLE MR. JUSTICE MANMOHAN For Petitioner(s) : Mr. P.S. Patwalia, Sr. Adv.
Mr. Arvind Nayar, Sr. Adv.
Mr. Puneet Singh Bindra, AOR Ms. Charu Modi, Adv.
Ms. Deveshi Chand, Adv.
Ms. Shaanya Sukla, Adv.
For Respondent(s) :Mr. Harpreet Singh, Adv.
Mr. Rajesh P., AOR Mr. Akshay Saxena, Adv.
Mr. K.M.Nataraj, A.S.G. Mr. Vinayak Sharma, Adv.
Mr. Vatsal Joshi, Adv.
Mr. Akshay Amritanshu, Adv.
Mr. Mukesh Kumar Singh, Adv.Signature Not Verified
Mr. Arvind Kumar Sharma, AOR Digitally signed by KAVITA PAHUJA Date: 2026.01.13 15:36:29 IST Reason: 1 UPON hearing the counsel the Court made the following O R D E R
1. Permission to file special leave petition is granted.
2. Delay in filing and refiling is condoned.
3. This petition impugns judgment and order dated 25.03.2025 passed by the High Court of Delhi at New Delhi quashing the seniority list dated 19.04.2023 with a direction upon the respondents in the writ petition to publish a revised list within a specified period by placing reliance on the decision of this Court in K. Meghachandra Singh vs. Ningam Siro, (2020) 5 SCC 689.
4. Without going into the merits of this petition, we notice from the records that petitioner has already availed the remedy of a review by filing Review Petition No.307 of 2025 against the aforesaid order. The Review Petition is stated to be pending.
5. The apprehension of the petitioner is that Union of India had separately challenged the order dated 25.03.2025 before this Court through Special Leave to Appeal (Civil) No.20090 of 2025 which was dismissed in limine vide order dated 01.08.2025 and, therefore, petitioner’s review petition may not be considered on merit.
6. As it is well settled that on dismissal of a special leave petition in limine, the order of the lower court does not merge in the order of this Court, there can be no fetter on the High Court’s power in considering the review on merits. In such circumstances and having regard to the 2 fact that the review petition is pending before the High Court, we deem it appropriate to dispose of this special leave petition by leaving it open to the petitioner to pursue his remedy of review before the High Court. The review petition shall be considered on its own merits without being prejudiced by dismissal of SLP (Civil) No.20090 of 2025 filed against the order dated 25.03.2025.
We also leave it open for the petitioner to challenge the impugned order in case they are aggrieved by the order passed in review.
7. With the aforesaid liberty and observations, this special leave petition is disposed of.
8. Pending applications, if any, shall also stand disposed of.
(KAVITA PAHUJA) (SAPNA BANSAL)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
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