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Judgment
Hon’ble Mr. R. N. Singh, Member (J)
In the present Original Application, filed under Section 19 of the AT Act, 1985, the applicant has prayed for the following relief(s):-
“i)direct the Respondent to decide the Representation dated 30.03.2026 (Annexure A-1) submitted by the Applicant in time bound manner by passing a speaking order and communicate such decision/ order to the Applicant; and
ii) pass such order and/ or further order as this Hon'ble Tribunal 1nay deem fit and proper in the facts and circumstances of the present case.”
It is the case of the applicant that in light of the judgment of Hon’ble Apex Court titled Union of India & Ors. v/s Rohith Nathan & Ors., in civil Appeal Nos. 2827-2829 of 2018 dated 11.03.2026, the applicant’s claim was required to be considered by the respondent under OBC (Non Creamy Layer). However, despite his representation dated 30.03.2026 (Annexure A-1), the claim of the applicant has not been considered by the respondent and thus, the present OA.
Issue notice. Sh. Gyanendra Singh, learned counsel appearing for the respondents on advance service, accepts notice.
Learned counsel for the applicant has placed on record an order/judgment dated 19.08.2026 passed by a co-ordinate Bench of this Tribunal in O.A. No. 2883/2026, on identical issue which was disposed of at the admission stage with direction to the respondents to consider the said representation on its merit.
In light of the aforesaid and with the consent of learned counsels for the parties, the OA is disposed of with the following order(s):-
The respondent shall consider the aforesaid representation of the applicant on its own merit and, in accordance with law, as expeditiously as possible and preferably within four weeks from the date of receipt of a certified copy of this order.
We clarify that we have not expressed any opinion on the merits of the claim of the applicant.
There shall be no order as to costs.
