Vineetha V. V vs. Union Of India

COURT NO.12

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 10331/2020

(Arising out of impugned final judgment and order dated 28-01-2020 in OPCAT No. 275/2019 passed by the High Court Of Kerala At Ernakulam)

AJITH D & ORS.

PETITIONER(S)

VERSUS

UNION OF INDIA & ORS.

$$

WITH

SLP(C) No. 9620/2020 (XI-A)

(IA No. 77967/2020 - EXEMPTION FROM FILING AFFIDAVIT)

Date: 05-12-2023 These petitions were called on for hearing today.

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH

For Petitioner(s)

• Dr. Menaka Guruswamy, Sr. Adv. Mr. Jose Abraham, AOR Mr. Lavkesh Bhambhani, Adv. Ms. Sarah Shaji, Adv.
• Mr. Siddhartha Chowdhury, AOR
• Ms. Menaka Guruswamy, Sr. Adv.
• Mr. Amjith M. Anandhan, Adv.
• Mr. Lavkesh Bhambhani, Adv.
• Mr. Utkarsh Pratap, Adv.
• Mr. Harshwardhan Thakur, Adv.

For Respondent(s)

• Mr. K. Parmeshwaram, Sr. Adv.
• Mr. Madhav Sinhal, Adv.
• Mr. Navaniav Mahapatra, Adv.
• Ms. Nachiketa Joshi, Adv.
• Ms. Rukmini Bobde, Adv.
• Mr. Amrish Kumar, AOR

UPON hearing the counsel the Court made the following O R D E R

1. We have perused the additional affidavits filed by the respondents and find that out of 32 left over vacancies under the OBC Category for Group 'D' staff in the Indian Railways, 9 appointments were made from the panel of successful candidates who had approached the Central Administrative Tribunal/High Court for relief and the remaining 23 OBC non-joining vacancies, were carried forward by the respondents for being filled up under Employment Notice 1/2012, dated 24th August, 2022, instead of going down the line and selecting other candidates in the OBC category in the order of merit, who had participated in the examination, and had agitated their grievance before the Court of Law.

2. Learned counsel for the respondents is directed to obtain instructions from the department on the above aspect.

3. List on 09th January, 2024.

(POOJA SHARMA) (NAND KISHOR)

COURT MASTER (SH) COURT MASTER (NSH)