CHAIRMAN (S.S.C.) Vs. AJAY MEHRA

JUDGEMENT

(1.) Challenge in this writ petition is to the order dated 04.02.2009 passed by the Central Administrative Tribunal (hereinafter referred to for short as 'the Tribunal') by which the OA filed by the respondent herein has been allowed.

(2.) We may notice that initially by an order dated 10.08.2007, the OA filed by the respondent herein was dismissed. Subsequently, a review application was filed which was allowed by an order dated 14.08.2008 and the OA was restored to its original number and file and decided on 04.02.2009.

(3.) The necessary facts to be noticed for disposal of this writ petition are that the petitioner no.1 had issued an advertisement in the Employment News for the Combined Graduate Level(Preliminary) Examination, 2004 on 18-24/10/2003. The closing date for applying for the said examination was 14.11.2003. Pursuant to the advertisement, a Preliminary Examination was held on 08.02.2004. The respondent being successful appeared in the interview on 27.04.2005. A memorandum was issued to the respondent on 26.10.2005 informing him about the discrepancies with regard to absence of a degree from a recognised University as on 01.08.2004. According to the petitioner, the respondent did not have the requisite qualification, i.e., a Graduation Degree on or before 01.08.2004. Consequently, his candidature was cancelled. Thereafter, as noticed herein above, in Dec., 2006 an OA.2692/2006 was filed by the respondent which was dismissed on 10.08.2007. A review application was filed which was allowed on 14.08.2008 and the OA was restored to its original number. The OA was allowed on 04.02.2009. A writ petition filed by the petitioner in the year 2009 was withdrawn with liberty to file a review petition before the Tribunal which was also dismissed on 10.09.2009. Feeling aggrieved by the orders dated 04.02.2009 and 10.09.2009 passed by the Tribunal, the petitioner has approached this Court.