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Judgment
By Hon’ble Mr. Manish Garg, Member (J)
In the present Original Application filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant seeks the following reliefs:
“i)Direct the Respondents to accept the OBC (NCL) Certificate No. F.NO/SDM/SV/NCL/2024/10264 dated 26.03.2024, read with OBC Certificate dated 03.07.2017, of the Applicant and to treat her as an OBC (NCL) candidate, and consequently to issue offer of appointment to the Applicant to the post of Nursing Officer, Post Code 02/24, against the OBC vacancy as per her merit position within a time-bound period as this Hon'ble Tribunal may deem fit;
ii) Direct the Respondents to grant all consequential benefits to the Applicant including notional seniority and pay fixation from the date candidates of the said panel lower in merit, if any, or similarly placed candidates were appointed;
iii) Award costs of the proceedings in favour of the Applicant; and
iv) pass such other or further order(s) as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.”
Learned counsel for the applicant submits that the applicant was issued a deficiency memo dated 08.08.2026, to which the applicant has submitted a clarification/representation regarding the OBC (Non-Creamy Layer) certificate.
At the outset, learned counsel for the applicant submits that the aforesaid clarification/representation dated 21.08.2026 (Annexure A-17) is still pending consideration before the respondents. He further submits that the applicant would be satisfied if a direction is issued to the respondents to dispose of the aforesaid clarification/representation by way of a reasoned and speaking order within a prescribed time frame.
Issue notice. Mr. H.A. Khan and Mr. Amit Anand, learned counsel, appear and accept notice on behalf of the respondents. They seek some time to obtain necessary instructions in the matter.
In view of the limited prayer made, without entering into the merits of the case, the present O.A. is disposed of with a direction to the respondents to consider and decide the aforesaid representation by passing a reasoned and speaking order, strictly in accordance with law, within a period of thirty (30) days from the date of receipt of a certified copy of this order.
A copy of the speaking order so passed shall be provided to the applicant.
The OA is disposed of in the aforesaid terms, without going into the merits, at the admission stage itself. Pending MAs, if any, shall also stand disposed of accordingly. No order as to costs.