High Court of Judicature at Allahabad
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Commissioner, Kendriya Vidyalaya Sangathan And Others v. Central Administrative Tribunal And Others - WRIT - A No. 68229 of 2005  RD-AH 4533 (25 February 2006)
COURT NO. 34
CIVIL MISC. WRIT PETITION NO. 68229 OF 2005
Kendriya Vidyalaya Sangathan,
New Delhi & Anr. ------------- Petitioners
The Central Administrative Tribunal,
Allahabad Bench, Allahabad & Anr. ------------- Respondents
Hon'ble Dr. B.S. Chauhan, J.
Hon'ble Bharati Sapru, J.
This writ petition has been filed against the impugned judgment and order dated 16.1.2004 of the Central Administrative Tribunal, by which the application of the respondent no. 2 has been allowed, issuing direction for her appointment.
The facts and circumstances giving rise to this case are that the present petitioners had called the names from employment exchange for making appointment on the post of Lower Division Clerk to work under the Principal of the Kendriya Vidyalaya, Babina Cantt, and the claim of the said respondent 2 was considered under OBC Category. The tests etc. were held and penal was prepared. The name of the respondent no. 2 was placed at serial no. 1 in the list of the successful candidates in OBC category. However, the matter was sent for approval to the higher authority. In the meanwhile, as the appointment had been made in Lucknow Zone, one Shri S.K. Pandey who had been selected therein, has been appointed in place of the respondent no. 2. Being aggrieved, respondent no. 2 filed the Application before the Tribunal, which has been allowed vide impugned order dated 16.1.2004. Hence this petition.
In the instant case, Shri S.K. Pandey who has been appointed in place of the respondent no.2, who claims the appointment in reserved category belonging to OBC, has not been impleaded, for the reasons best known to the petitioners though he was a party before the Tribunal.
The Tribunal has allowed the said application on the ground that once the vacancy has been kept reserved for OBC category, it could not be filled up by a general category candidate without waiting the order of approval or disapproval by the competent authority. Even today, no order of disapproval by the competent authority has been produced before us, nor any explanation could be furnished by the present petitioners that how the vacancy earmarked to the reserved category has been filled up by a general category candidate, by filling up the post by transfer.
We do not see any cogent reason to interfere in the matter. The petition is, accordingly, dismissed.
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