MD. ABDUL AHAD AZIM Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed by the petitioner with the following prayers:

(2.) At the outset, it may be stated here that this petition was dismissed by this Court vide order dated April 27, 2022, wherein this Court had inter alia stated as under:

(3.) Having heard Shri Pal1av Sisodiya, learned senior Advocate, appearing for the appellant and Ms. Madhavi Divan, learned ASG appearing for the respondent-Union of India and having gone through the impugned judgment and order passed by the High Court dismissing the writ petition, we are at pains to note that the manner in which the High court has dismissed the writ petition is not appreciable at all. The High Court has not at all considered the main grievance on merits, namely, whether the subsequent recruitment rules/procedure shall be applicable with respect to the earlier recruitment process or not. The High Court has observed that as such recruitment process of 2008 was cancelled and none of the candidates selected from the said recruitment process were given appointment and therefore, the appellants lacks merit also cannot be accepted. That was the exact grievance before the High Court that the recruitment process of 2008 has been cancelled illegally and by applying the subsequent regulations. Therefore, the High Court ought to have considered the matter on merits. As the High court has not at all considered the matter on merits, we set aside the order passed by the High Court dismissing the writ petition and remand the matter back to the High Court to decide and dispose of the same afresh in accordance with law and on merits.