UNION PUBLIC SERVICE COMMISSION Vs. GYAN PRAKASH SRIVASTAVA

JUDGEMENT

(1.) The question which arises for consideration in this appeal is whether the decision of the Union Public Service Commission (for short, Rs. the Commission) to reject the Respondents candidature for the post of Legal Advisor-cum- Standing Counsel in Land and Building Department, Government of NCT of Delhi was legally correct and the Central Administrative Tribunal (for short, the Tribunal) and the Delhi High Court committed an error by nullifying the same.

(2.) After acquiring Degree in Law from Allahabad University in 1979, the Respondent got himself enrolled as an Advocate with the Bar Council of Uttar Pradesh. He practiced in the Allahabad High Court from September 1980 to September 1986. Thereafter, he worked as Assistant (Legal), Law Officer, Assistant Director of Estates (Litigation), Vigilance-cum-Legal Officer and Officer on Special duty (Litigation) in different departments of the Central Government for over two decades.

(3.) In response to Advertisement No. 11 issued by the Commission, which was published in Employment News 13-19 June, 2009, the Respondent applied for the post of Legal Advisor (fully described in the opening paragraph of this judgment). Along with the application, he attached copies of the following documents: