Delhi High Court - Orders
Mahender vs University Of Delhi & Anr on 21 November, 2023
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~86
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 15060/2023
MAHENDER ..... Petitioner
Through: Mr.Vivek Singh, Mr.Onkar Nath,
Mr.Anshu Bhanot and Mr.Anuj
Mirdha, Advocates
versus
UNIVERSITY OF DELHI & ANR. ..... Respondents
Through: Mr.Mohinder JS Rupal, Mr.Hardik
Rupal and Ms.Sachpreet Kaur,
Advocates for DU
Ms.Aakanksha Kaul and Mr.Digvijay
Prasad, Advocates for R-2/College
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 21.11.2023 CM APPL. 60139/2023 & CM APPL. 60140/2023 (Exemptions) Exemptions allowed subject to just exceptions. The applications stand disposed of.
W.P.(C) 15060/2023
1. The instant writ petition under Article 226 of the Constitution of India has been filed on behalf of petitioner seeking the following reliefs:-
"(i) Pass the writ of mandamus and/ or any other appropriate writ, order, or direction to the Respondents to treat the vacancy created in the post of section officer upon retirement of Mr. Gurvinder J. Singh from Respondent No.2 College on 31.07.2022 as a reserved seat in SC category and fill the same towards backlog created due to non-filling of point no. 1 in 40-
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 24/11/2023 at 00:06:41 point vacancy-based roster operative prior to 01.07.1997 by adjusting/ accommodating the Petitioner.
(ii) Pass the writ of mandamus and/ or any other appropriate writ, order, or direction to the Respondents to prepare separate rosters for Promotional and Direct Recruitment for Section Officer in terms of the judgement ofHon'ble Supreme Court in R.K Sabharwal v. State of Punjab, (1995) 2 SCC 74, and
(iii) Pass the writ of certiorari or any other appropriate writ, order or direction thereby quashing letters (both) dated 02.12.2022 forwarded by letter dt. 29.12.2022 whereby the Respondents' disposed of / rejected Petitioner' representation demanding identification of backlog vacancy in SC category created due to non-filling of point no.1 in 40-point roster operative prior to 01.07.1997 in the cadre of Section Officer with Respondent No.2 College and to cast separate rosters for direct and promotional appointments.
(iv) Pass the writ of certiorari or any other appropriate writ, order or direction thereby quashing the letter dated 04.10.2023 and notice dated 17.11.2023 issued by Respondent No. 2 College initiating fresh process to fill up vacant post of Section Officer in General (UR) category.
(v) Pass any other order that is deemed fit and proper under the facts and circumstances of the case."
2. Heard.
3. Learned counsel for the respondents appeared on advance notice. They prayed for and are granted ten days' time to take instructions qua the filling of the said post as per the reservation policy of the University and College and to file a short affidavit in this regard.
4. List on 14th December, 2023.
CHANDRA DHARI SINGH, J NOVEMBER 21, 2023 Dy/ds 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 24/11/2023 at 00:06:41