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Arun Kumar Mavi And Ors vs Govt. Of Nct Of Delhi And Ors on 9 December, 2022

Author: V. Kameswar Rao

Bench: V. Kameswar Rao, Anoop Kumar Mendiratta

                          $~1
                          *   IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +   W.P.(C) 9539/2021
                              ARUN KUMAR MAVI AND ORS.                            ..... Petitioners
                                                  Through: Mr. Shivanshu Bhardwaj, Adv.
                                           versus
                              GOVT. OF NCT OF DELHI AND ORS                       ..... Respondents
                                                  Through: Mrs. Avnish Ahlawat, Standing
                                                              Counsel with Mr. Nitesh Kumar
                                                              Singh, Ms. Tania Ahlawat, Ms. Palak
                                                              Rohmetra, Ms. Laavanya Kaushik
                                                              and Ms. Aliza Alam, Advs. for R1
                                                              and R2.
                                                              Mr. Naresh Kaushik, Adv. for UPSC.
                              CORAM:
                              HON'BLE MR. JUSTICE V. KAMESWAR RAO
                              HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
                                                  ORDER

% 09.12.2022 CM APPL. 52607/2022

1. This application has been filed by the petitioner Nos. 1 and 3 with the following prayers:

"In the premises of the above, it is most respectfully prayed that this Hon'ble Court may be pleased to:

a. Direct the concerned respondent to recall the communication dated 27.10.2022 sent to the Applicants/Petitioners, and to allow the Applicants / Petitioners to appear for the interview as and when the same takes place.

b. Grant any other relief that this Hon'ble Court may deem fit and proper.

c. Pass such other and further order as this Hon'ble Court may deem fit and proper in the existing facts and circumstances of the case."

2. Vide communication dated October 27, 2022, the UPSC has not called the petitioner Nos. 1 and 3 for interview to the post of Assistant Public Prosecutor. In fact the UPSC has cancelled their candidature.

3. We have been informed by the counsel for the petitioners that the petitioner Nos. 1 and 3 has filed a separate Original Application before the Central Administrative Tribunal ('Tribunal' in short) challenging the said order and the Tribunal has adjourned the proceedings in the Original Application to December 20, 2022.

4. Noting the aforesaid submission, petitioner Nos. 1 and 3 having challenged the order dated October 27, 2022, this application shall not be maintainable. Appropriate shall be for the petitioner Nos. 1 and 3 to pursue the Original Application filed by them before the Tribunal.

5. At this stage, learned counsel appearing for the petitioners states, since the date of hearing before the Tribunal is December 20, 2022, the said date be advanced by this Court. Appropriate shall be for the petitioner Nos. 1 and 3 to file an application before the Tribunal for advancing the date of hearing. On such request, the Tribunal shall advance the date of hearing to a date convenient to it, but the same shall be, before December 20, 2022.

6. Application stands disposed of.

7. It is clarified, the submission of the Ld. Counsel for the petitioners recorded in our order dated December 5, 2022 (in paragraph 3) is only relatable to the petitioner Nos. 1 and 3 and not to the other petitioners in this writ petition.

8. List the writ petition on the date fixed.

V. KAMESWAR RAO, J.

ANOOP KUMAR MENDIRATTA, J.

DECEMBER 9, 2022/jg Signature Not Verified Digitally Signed By:DHARMENDER SINGH Signing Date:12.12.2022 19:52:15