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Tribunals and CommissionsDivision Bench(2020) 12 CAT CK 0020

Dr. Sumit Gulia vs Govt. Of NCT Of Delhi & Others

Central Administrative Tribunal · Decided on 3 December 2020

HON’BLE JUDGES
L. Narasimha Reddy, J · A.K. Bishnoi, Member (A)
RESULT
Dismissed
CASE NUMBER
Original Application No. 1965 Of 2020
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Judgment

18 paragraphs · 360 words

L. Narasimha Reddy, J

1.

The Government of National Capital Territory of Delhi (GNCTD) initiated steps for appointment of General Duty Medical Officers (GMDO) for its

Health Department by issuing a notification dated 06.07.2020. The applicant was one of the candidate and he was selected. Through an order dated

08.07.2020, the Government of NCT of Delhi direct that only the selected candidates must report for duty by 31.07.2020 and if a candidate does not

join by that time, the candidature would be cancelled and their dossiers would be returned to the UPSC. The applicant contends that he was selected

as GDMO and as of now he is pursuing post graduation and contends that this course would be completed by May, 2021 and the post graduation

qualification acquired by him would be of utmost beneficial for the department. His grievance is that the respondents did not pass any order to permit

him to join duty on completion of post graduation.

2.

We heard Mr. Aseem Kumar Katoch, learned counsel for the applicant and Ms. Esha Mazumdar, learned counsel for the respondents, through

video conferencing.

3.

The selection was entrusted to UPSC and the applicant was one of the selected candidates against the UR category. On 06.07.2020, the

respondents issued an order directing that the selected candidates must report for duty by 31.07.2020 positively, otherwise their candidature would be

cancelled. This was obviously because of the need in the hospital due to pandemic situation that warranted the joining of duties by the Doctors. The

applicant did not report to duty by stating that he is pursuing post graduation. What consequences would follow on non joining duty, is yet to be known.

The matter is said to be now pending with Hon’ble Lieutenant Governor.

4.

We find that the OA is premature. In case the respondents accord permission to the applicant on completion of his course, nothing further needs to

be done. On the other hand, if the candidature of the applicant is cancelled, he is to work out the remedies.

5.

We do not find any merit in the OA. It is accordingly dismissed. There shall be no order as to costs.