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Judgment
Sanjeev Sachdeva, J
Petitioner impugns interim order dated 04.01.2018 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (in short, ‘Tribunal’) whereby Tribunal had directed the Petitioner (Respondent No.1 before the Tribunal) to consider the candidature of the Original Applicant i.e. Respondent No.1 herein, on the basis of her merit in the selection process.
Learned counsel for the Petitioners submits that the Tribunal had erroneously referred to the judgment of the Supreme Court in UPSC vs. Dr. Jamuna Kurup and Ors., 2008 (II) SCC 10 as well as judgment of the Punjab and Haryana High Court in UPSC vs. Sunita Sharma and Ors., 2017 LAB IC 3351. Learned counsel submits that said judgments are not applicable to the facts of the case of Respondent No.1. This submission is made in view of the judgment of the Supreme Court in Deepa E.V. vs. UOI and Ors., (2017) 12 SCC 680.
Learned counsel for the Petitioners, however, submits that without prejudice to the same, Petitioners shall consider the case of Respondent No.1 as directed by the Tribunal, without prejudice to the rights and contentions of the parties.
In view of the above, the petition is disposed of.
It is clarified that reconsideration shall be without prejudice to the rights and contentions of the parties and the question of applicability of the judgments relied upon by the Tribunal is also left open to be considered by the Competent Authority at the time of reconsideration.