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Central Administrative Tribunal - Delhi

Amardeep vs Anshu Prakash &Amp; Ors on 21 February, 2018

                        CENTRAL ADMINISTRATIVE TRIBUNAL
                               PRINCIPAL BENCH

                                     CP-847/2017 in
                                     OA-2549/2017


                   New Delhi this the 21st day of February, 2018

HON'BLE MR. JUSTICE PERMOD KOHLI, CHAIRMAN
HON'BLE MR. UDAY KUMAR VARMA, MEMBER (A)


      Amardeep
      S/o Sh. Jarnail Singh,
      R/o J-119, Old Roshan Pura,
      Najafgarh, New Delhi-43.                                ...        Petitioner

      (through Sh. M.D. Jangra for Sh. Yashpal Rangi)


                                         Versus

   1. Sh. Anshu Prakash,
      Chief Secretary,
      Govt. of NCT of Delhi,
      New Secretariat, IP Estate,
      New Delhi.

   2. Sh. Saumya Gupta,
      Directorate of Education,
      Delhi Secretariat,
      IP Estate, GNCTD, New Delhi.

   3. Sh. Amish Kumar Verma,
      Secretary,
      Delhi Subordinate Services Selection Board,
      3rd Floor, UTCS Building,
      Vishwas Nagar, Shahdara,
      New Delhi                                         ...         Respondents

      (through Sh. Anuj Kumar Sharma for DSSSB)


                                     ORDER (ORAL)

Hon'ble Mr. Justice Permod Kohli, Chairman These contempt proceedings have been initiated for alleged non compliance of the order dated 22.08.2017 whereby following directions were issued:

"Reply to the Interim Prayer has not been filed.

2 CP-847/17 in OA-2549/17

2. Mr. N. K. Singh, learned counsel appearing for the respondents seeks and is allowed four weeks time to file counter affidavit. Rejoinder if any, may be filed within two weeks thereafter. In the meantime, respondents are directed that the candidature of the applicant be also considered for the post of TGT (Computer Science) provisionally. Such consideration shall not confer any right or equity in favour of the applicant and will be subject to any order that may be passed by this Tribunal on consideration of the reply.

List on 25.10.2017."

2. Compliance affidavit has been filed. It is stated that at the time of making application, the candidate is required to indicate the category to which he/she belongs. The petitioner applied for the post of TGT(Computer Science), Post Code-192/14 under UR/General category. The result has already been declared. The candidates were shortlisted in the ratio of 1:2. The cut off marks for short listed candidates under UR category is 90 marks and the petitioner has secured 73.75 marks in the written examination which is much below the cut off marks for shortlisted candidates under the UR category. It is however stated that the applicant now desires to be considered under the OBC category which is impermissible after the result is declared.

3. From the prayer made in the OA, we find that the prayer of the applicant is that he may be considered under OBC category. In view of the compliance affidavit filed by the respondents, contempt proceedings cannot be carried out now but the other issues will be considered in the main OA. Contempt proceedings are hereby dropped.

(UDAY KUMAR VARMA)                                   (JUSTICE PERMOD KOHLI)
   MEMBER (A)                                               CHAIRMAN

/ns/