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Delhi High Court - Orders

Dr. Sudhamoy Mandal vs Union Of India & Ors on 7 May, 2024

Author: Tushar Rao Gedela

Bench: Tushar Rao Gedela

                                    $~6
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           W.P.(C) 13235/2023, CM APPL. 52306/2023 & CM APPL.
                                                52308/2023

                                                DR. SUDHAMOY MANDAL                                                              ..... Petitioner
                                                                                      Through:                 Mr. S.K. Mishra and Mr. Pankaj
                                                                                                               Balwan, Advocates
                                                                                      versus
                                                UNION OF INDIA & ORS                                                             ..... Respondent
                                                                                      Through:                 Mr. Sushil Raaja, SPC for UOI.
                                                CORAM:
                                                HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
                                                                                      ORDER

% 07.05.2024 (The proceeding has been conducted through Hybrid Mode)

1. In the present petition, the petitioner had sought the following reliefs:-

"(a) issue an appropriate Writ, Order or Direction in the Nature of Mandamus directing the Respondents/ ASRB to allow the Petitioner to appear in the Interview Scheduled to be held on 09.10.2023 in the Post of Head Scientist, IARI Regional Station, Pune, ICAR-Indian Agricultural Research Institute, Pusa, New Delhi being Item No.9 in Advertisement No. 02/2023, dated 10.07.2023, and issue Provisional Admit Card/Call Letter as required to appear in the said interview;

and/or ALTERNATIVELY:

issue an appropriate Writ, Order or Direction in the Nature of Mandamus directing the Respondents/ASRB to consider the Application of the Petitioner and Schedule an Interview in the Post of Head Scientist, IARI Regional Station, Pune, ICAR- Indian Agricultural Research Institute, Pusa, New Delhi being This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/05/2024 at 21:38:46 Item No.9 in Advertisement No. 02/2023, dated 10.07.2023, on any suitable future date as per the convenience of the Respondents/ ASRB and issue Provisional Admit Card/Call Letter accordingly for the said purpose in the interest of justice; and/or
(b) issue an appropriate writ, order or direction in the nature of certiorari directing the Respondents to produce all the records relating to interview to be conducted by the respondents/ASRB on 09.10.2023 and after going through the same set aside/quash the recruitment processinthe Post of Head Scientist, IAR1 Regional Station, Pune, ICAR-Indian Agricultural Research Institute, Pusa, New Delhi being Item No.9 in Advertisement No. 02/2023, dated 10.07.2023, as the same being invalid arbitrary and against the principals of natural justice;
(C) Rule nisi in terms of prayer (a) and (b)and ad-interim order in term of prayer (a) above;...."

2. In terms of the directions passed in W.P.(C) 13450/2023 and W.P.(C) 13506/2023 vide order dated 28.03.2024, the petitioner herein was permitted to participate in interview for the various posts which have been prayed for in the present petition. The petitioner was not found eligible for such appointment in those interviews, which have been noted in the aforesaid writ petitions.

3. So far as the present writ petition is concerned, which was seeking only a direction for participating in the interview, the same has already been conducted and as such the prayers become infructuous to that extent.

4. In view of the above, the present writ petition alongwith pending applications is dismissed as having become infructuous.

TUSHAR RAO GEDELA, J MAY 7, 2024/Aj This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/05/2024 at 21:38:46