Deepak Malik vs Govt. Of NCT Of Delhi & Others

R. N. Singh, Member (J)

In the present application, the applicant is aggrieved of in action of the respondents in not declaring the result of the applicant for the post of Nursing Officer under OBC category. It is admitted case of the applicant that pursuant to the advertisement No. 02/2008, the applicant has applied for the post of Nursing Officer, post code No. 03/2018 against general category, though he actually belongs to OBC category. Subsequently, the applicant made a representation (Annexure A-8) enclosing therewith an OBC certificate dated 28.09.2020 with a request for change of his category i.e. from General to OBC in the aforesaid selection process. Learned counsel for the applicant has argued that though the respondents have acceded to such request of similarly placed persons, however, the respondents have not declared the result of the applicant in spite of the fact that the applicant has scored more marks than cut of marks under the OBC category. The applicant is aggrieved of the fact that his representation for change of category has not been disposed of by the respondents till date.

Issue notice. Ms. Esha Mazumdar, learned counsel who appears for respondents on advance service, accepts notice. She has vehemently argued that the present OA is not maintainable inasmuch as the respondents have not allowed the change of category to anyone after the cut of date as indicated in the advertisement under reference. However, there is no dispute that the applicant's aforesaid representation (Annexure A-8) has not been considered and disposed of by the respondents till date.

In the facts and circumstances, we are of the considered view that the present OA may be disposed of with direction to Respondent No. 3 to consider the applicant's aforesaid representation (Annexure A-8) and to dispose of the same by passing an appropriate reasoned and speaking order.

In view of the aforesaid without going into the merit of the claim of the applicant the present OA is disposed of with direction to the respondent No.3 to consider the applicant's aforesaid representation (Annexure A-8) and to dispose of the same by passing an appropriate reasoned and speaking order as expeditiously as possible and in any case within six weeks of the date of receipt of a copy of this order.

OA is disposed of in the aforesaid terms. No costs.