Delhi High Court - Orders
Dr Sudhamoy Mandal vs Agricultural Scientists Recruitment ... on 13 October, 2023
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~55
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13395/2023
DR SUDHAMOY MANDAL ..... Petitioner
Through: Mr.Sujeet K. Mishra, Mr.Utkarm and
Mr.Pankaj Balwan, Advocates
versus
AGRICULTURAL SCIENTISTS RECRUITMENT BOARD &
ORS. ..... Respondents
Through: Mr.Sushil Raaja, SPC for UOI
alongwith Mr.Rajindra Kumar,
Director, ASRB
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 13.10.2023 CM APPL. 52867/2023 (Exemption) Exemption allowed subject to just exceptions. The application stands disposed of.
W.P.(C) 13395/2023, CM APPL. 52866/2023 (Direction) & CM APPL. 52868/2023 (Direction)
1. The instant writ petition under Articles 226 and 227 of the Constitution of India seeking 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 11.10.2023 in the Post of Head, Regional Station of Central Rainfed Upland Rice Research Station, Hazaribagh, Jharkhand, ICAR-National Rice Research Institute, Cuttack being Item No.12 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:
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 15/10/2023 at 13:40:27 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 Item No.12 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 11.10.2023 in the Post of "Station Head", Head, Regional Station of Central Rainfed Upland Rice Research Station, Hazaribagh, Jharkhand, ICAR-National Rice Research Institute, Cuttack being Item No.12 in Advertisement No. 02/2023, dated 10.07.2023, and after going through the same may pass such order(s)/direction(s) as deemed fit and necessary for conscionable justice to be done; (C) Rule nisi in terms of prayer (a) and (b) and ad-interim order in term of prayer (a) above; and (D) pass such other and further order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
2. Learned counsel appearing on behalf of petitioner submitted that the petitioner's candidature has not been considered on the ground that the petitioner has not submitted the No Objection Certificate ('NOC'). It is prayed that the petitioner may be allowed to participate in the interview scheduled on 13th October 2023, upon furnishing the NOC as required by the Department.
3. Learned senior panel counsel appearing on behalf of the respondent no. 3/Union of India took a preliminary objection on the maintainability of 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 15/10/2023 at 13:40:27 the writ petition submitting to the effect that the petitioner has filed the instant petition without availing of the alternative remedy available to the petitioner to approach the Central Administrative Tribunal in accordance with Section 14 of the Administrative Tribunals Act, 1985. Thus, he prayed for some time to file counter affidavit in this regard.
4. Heard learned counsel for the parties and perused the record.
5. On consideration of the submissions advanced by learned counsel for the petitioner and the fact that the interview is scheduled for today i.e. 13th October, 2023, this Court, prima facie, is inclined to allow the prayer made on behalf of the petitioner. Accordingly, the respondent-Department is directed to allow the petitioner to participate in the interview scheduled today i.e.13th October 2023, upon furnishing the NOC, as required by the Department.
6. The respondent No.3/UOI is directed to file counter affidavit within four weeks from today. Rejoinder, thereto if any, be filed within two weeks thereafter.
7. Mr.Rajindra Kumar, Director, ASRB, who is present before this Court is also directed to apprise the Department about the direction passed by this Court today.
8. List on 4th December 2023.
9. Dasti under the signature of the Court Master.
CHANDRA DHARI SINGH, J OCTOBER 13, 2023 Dy/db Click here to check corrigendum, if any 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 15/10/2023 at 13:40:28