SHAILENDRA PATHAK Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant has filed the present intra court appeal impugning an order dtd. 16/1/2017 (hereafter 'the impugned order'), whereby the appellant's writ petition under Article 226 of the Constitution of India - W.P.(C) No. 7169/2011 captioned Shailendra Pathak v. Union of India & Ors. - was rejected.

(2.) The appellant had applied for the post of an Assistant Registrar reserved for Orthopedically Handicapped (OH) category persons pursuant to an advertisement dtd. 30/9/2009 issued by respondent no.2 (hereafter 'Delhi University'). However, the appellant was not appointed to the said post as another candidate (respondent no.5), who had also applied pursuant to the advertisement dtd. 30/9/2009, in the same category, was placed higher in the order of merit.

(3.) The appellant claims that respondent no.5 was required to be adjusted against a vacancy to be filled by a candidate belonging to Other Backward Classes (OBC), which was advertised on 13/4/2010. Respondent no.4 was appointed against the said vacancy reserved for OBC category. The appellant claims that respondent no.4 had secured higher marks than respondent no.3 who had been appointed against the vacancy in the General (Unreserved) category and therefore, was required to be appointed in the vacancy for the General category, thus, giving rise to a vacancy in the OBC category to be filled by respondent no.5.