DR. EDPUGANTI SREE LATH Vs. NEELAM LAVANYA

JUDGEMENT

(1.) These intra-Court appeals are directed against order dtd. 28/8/2023 passed in W.P.No.31494 of 2016. W.A.Nos.898 and 889 of 2023 have been filed by the writ petitioner and respondent No.3 respectively challenging the findings that went against them in the impugned order. For the sake of convenience, the parties are hereinafter referred to as they were arrayed before the Writ Court.

(2.) The parties have fought a long drawn battle in the corridors of the Court till the Supreme Court. There is a chequered history of litigation, which can be briefly stated as under: Facts:

(3.) On 21/1/2016, advertisement Notification No.1/2016 was issued inviting candidature for the post of Assistant Director (Plant Health Management). The National Institute for Plant Health Management ('NIPHM') Service Bye-Laws, 2008 ('Bye Laws'), lays down the service conditions and the same can be treated as recruitment rules for the aforesaid post. The last date for submission of applications was 31/5/2016. On 16/6/2016, written test was conducted for the said post and on the same day, the Selection Committee convened a meeting and conducted interviews and power point presentation for the candidates. On 23/6/2016, Dr. Edpuganti Sree Latha/respondent No.3 in the Writ Petition was selected and appointed by the Department. Aggrieved by the said appointment, Mrs. Neelam Lavanya/writ petitioner filed O.A.No.721 of 2016 before the Central Administrative Tribunal, which was dismissed on 31/8/2016 for want of jurisdiction. Subsequently, she filed W.P.No.31494 of 2016 before this Court and on 17/10/2016, this Court granted interim suspension on appointment of respondent No.3. On 28/8/2023, the said Writ Petition was decided by the learned Single Judge by setting aside the selection process and the appointment of respondent No.3. The learned Single Judge instead of directing to consider the candidature of the writ petitioner has ordered for issuance of notification afresh as per relevant criteria.