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ITEM NO.16 COURT NO.5 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 25341/2022
(Arising out of impugned final judgment and order dated 11-05-2022
in WP(C) No. 5591/2021 passed by the High Court Of Delhi At New
Delhi)
UNION OF INDIA Petitioner(s)
VERSUS
MACCHITA MALIK & ORS. Respondent(s)
(FOR ADMISSION and I.R. and IA No.161457/2022-CONDONATION OF DELAY
IN FILING and IA No.161458/2022-EXEMPTION FROM FILING C/C OF THE
IMPUGNED JUDGMENT and IA No.161456/2022-CONDONATION OF DELAY IN
REFILING / CURING THE DEFECTS)
Date : 21-11-2022 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE M.R. SHAH
HON'BLE MR. JUSTICE M.M. SUNDRESH
For Petitioner(s) Ms. Aishwarya Bhati, ASG
Ms. Kiran Bala Sahay, Adv.
Mr. Ashok Panigrahi, Adv.
Ms. Ruchi Kohli, Adv.
Ms. Swarupama Chaturvedi, Adv.
Ms. Ayushi Nagar, Adv.
Mr. Arvind Kumar Sharma, AOR
For Respondent(s) Mr. Gopal Sankaranarayanan, Sr. Adv.
Mr. Arvind Gupta, AOR
Mr. Arup Sinha, Adv.
Ms. Aditi Gupta, Adv.
Mr. Arun Tiwari, Adv.
Mr. Yogesh Aggarwal, Adv.
Nazish Fatima, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
Having heard learned counsel appearing for the respective
parties and considering the fact that earlier respondent No.1 did
clear the examination except the medical and nothing is on record
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that communication dated 27.04.2013 was served upon respondent No.1
by which respondent No.1 was alleged to have been communicated to
appear before the Medical Board and in the peculiar facts and
circumstances of the case, we direct that let respondent No.1
appear before the Medical Board and on the basis of the report of
the Medical Board, the case of respondent No.1 be considered for
appointment.
If the respondent is found to be medically fit, his case may
be considered for appointment, however, at the same time,
respondent No.1 shall be appointed from the date on which he is
found to be medically fit and he is actually appointed. Meaning
thereby, he shall not be entitled to any other benefits until he is
actually appointed.
The aforesaid order is passed considering the fact that for
the recruitment of 2012, he approached the Central Administrative
Tribunal in the year 2021 only.
The aforesaid exercise shall be completed within a period of
three months from today.
With this, the present Special Leave Petition stands disposed
of.
Pending application stands disposed of.
(R. NATARAJAN) (NISHA TRIPATHI)
ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
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