Delhi High Court - Orders
Mayank Krishna & Anr vs Kalindi College Through Its Principal & ... on 5 October, 2023
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~77
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12960/2023
MAYANK KRISHNA & ANR. ..... Petitioners
Through: Mr. Harshvardhan Jha, Mrs.
Yugandhara Pawar Jha, Mr. Aman
Pathak and Mr. Prashant Kumar,
Advocates
versus
KALINDI COLLEGE THROUGH ITS PRINCIPAL & ORS.
..... Respondents
Through: Mr. Anurag Dayal Mathur, Advocate
for R-1
Appearance not given for R-2
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 05.10.2023 CM APPL. 51160/2023 (Exemption) Exemption allowed subject to just exceptions. The application stands disposed of.
W.P.(C) 12960/2023 & CM APPL. 51159/2023 (Stay)
1. The instant petition under Article 226 of the Constitution of India has been filed on behalf of the petitioner seeking the following reliefs:
"a) Issuance of Writ of mandamus or any other appropriate writ, order or direction in the nature thereof quashing the Impugned post-based recruitment roaster dated 13.10.2022 & 11.07.2023 prepared by the Kalindi College and the 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 07/10/2023 at 23:14:39 advertisement bearing no. KC/TS appointments/2022/01& KC/TS appointment/2023/01 dated 10-12-2022 & 19.08.2023 issued by the Respondent No. 1
b) Issue a writ of mandamus or any other writ, order or directions in the nature thereof quashing the Impugned advertisement & roaster qua the vacancies/TS Appointments/2022/01 & KC/TS Appointment/2023/01
c) Issue a writ of mandamus or any other writ, order or directions in the nature thereof directing the Respondent No. 1 to rectify the Impugned Advertisement & Roaster & Respondent 2 to verify and approve the fresh roster in accordance with the guidelines, rules and provisions of DU ordinances and norms in terms of the fundamental rights guaranteed Under the Constitution of India
d) Pass such other or further Order(s) as may be deemed fit & proper in the facts & circumstances of the present case."
2. Heard.
3. Issue notice of the instant petition and on the application of stay. Learned counsel for the respondents no. 1 and 2 appearing on advance notice accepted notice. They vehemently opposed the instant petition and the orders passed on 13th October, 2022 as well as on 11th July, 2023 which have been challenged before this Court in the instant writ petition.
4. It is submitted on behalf of the respondents no. 1 and 2 that there are certain facts which they need to bring before this Court by way of filing the counter affidavit. They also vehemently opposed the prayer of the petitioner for the stay of recruitment process which has already been started in the month of July, 2023 and prayed for two weeks' time to file counter affidavit. Let the same be filed within two weeks as prayed. Rejoinder thereto, if any, be filed within one week thereafter.
5. At this juncture, learned counsel appearing on behalf of the petitioner 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 07/10/2023 at 23:14:39 also submitted that after serving the copy of the instant petition to the respondent-authority, the respondent-authority issued a notification regarding the recruitment/interview of the candidates. He prayed for two days' time to file an additional document along with the affidavit. Let the same be filed within two days as prayed.
6. Issue notice to respondent no. 3 through all permissible modes on filing PF within one week.
7. List on 10th November, 2023.
CHANDRA DHARI SINGH, J OCTOBER 5, 2023 gs/ryp 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 07/10/2023 at 23:14:40