Bharat Bhushan vs GNCTD

1
Item No,18 (C-4)

OA No3167/20
026
C
CENTRAL ADMINISTRAT
TIVE TRIBUNAL
PRINCIPAL BENCH: N
NEW DELHI

OA No.3167/202
26


th
w Delhi this the 20 day of
New
August, 2026


HON’BLE M
HON’BLE D

Bharat Bhush
S/o Harpal Si
Aged about 3
Resident of H
Near Baraliya
Village -Johri
Delhi-110094

MR. MANISH GARG, MEM
DR. ANAND S KHATI, ME
MBER (J)
EMBER (A)
han,
ingh,
39 years,
H.No.153, Main Road
a Factory,
Pur,
4.

…Applicant

Ram Charan)
(By advocate


: Mr. M.K. Bhardwaj with Mr.
Versus


1. Govern
Throug
Delhi S
New De

2. Delhi S
Throug
FC-18,
Karkard

ment of NCT of Delhi,
h its Chief Secretary
ecretariat, I.P.Estate
elhi-110002.
ubordinate Services Selection
h its Secretary
Board
Institutional Area,
dooma, Delhi-110092.
...Respondents


(By advocate
Amit Anand)
e: Ms. Purnima Maheswari& M
Mr. Ritank Kumar for Mr.



JUGAL KISHORE
JUGAL KISHORE
2026.09.03 17:11:53+05'30'

2
Item No,18 (C-4)

OA No3167/20
026
:ORDER (ORA
AL):
HON’BLE M
MR. MANISH GARG, MEM
MBER (J):
In the
e instant OA, the applican
nt seeks the following
reliefs:-

“a. Q
R
n
A
d
h
n

b. C
A
s
fo
e
c
m
a

c. P
T
c


2. Highlig
Quash and set aside the
Respondent No.2 whereby the
e impugned action of
Applicant was treated as
or Tier-II for the post of
e), Post Code 28/24, and
ot qualified/not shortlisted fo
Assistant Director (Horticulture
eclare that the separate qua
im in Part-II/Section-B was
otified Two-Tier examination s
lifying criteria applied to
s not applicable to the
scheme;
Consequently, direct Respond
Applicant as qualified in
pecial/supplementary Tier-II
or him on the same terms and
dent No.2 to treat the
n Tier-I, conduct a
descriptive examination
d standards as the Tier-II
7.2026, and thereafter
xamination held on 21.07
onsider his candidature furthe
merit and Scheduled Caste c
er in accordance with his
category position and in
ccordance with law;
Pass such other or further
Tribunal may deem fit and p
order as this Hon’ble
proper in the facts and
ircumstances of the case.”
ghting the facts of the c
case, counsel for the
applicant
submits that the
respondents issued
Advertisem
ent No. 05/2024 dated
05.03.2024, wherein
the post of
f Assistant Director (Hor
rticulture), Post Code
28/24, was
s advertised. The applic
cant belongs to the
Scheduled
Caste category and app
peared in the Tier-I
examinatio
n. He secured 54.25 mark
ks in Part-I and 11.25
marks in Pa
art-II, totalling 65.50 mar
rks in aggregate.

JUGAL KISHORE
JUGAL KISHORE
2026.09.03 17:11:53+05'30'

3
Item No,18 (C-4)

3. It is s
OA No3167/20
026
submitted that the respo
ondents declared the
cut-off for t
the Scheduled Caste categ
gory as 62.25 marks,
however, d
espite the applicant secu
ring 65.50 marks, he
was not s
shortlisted for the Tier-
II examination. The
applicant t
thereafter submitted re
epresentations dated
28.06.2026
6 and 05.07.2026 befor
re Respondent No.2,
requesting
reconsideration of hi
is candidature and
permission
to participate in the
Tier-II examination.
However, t
the said representations
were not decided by
the respon
dents by passing any s
peaking or reasoned
order befor
re the conduct of the Tier-
II examination.

4. Learne
ed counsel for the appli
cant further submits
that the afo
oresaid representations d
ated 28.06.2026 and
05.07.2026
6 are still pending cons
sideration before the
respondent
ts.

5. Heard
learned counsel for the
applicant as well as
learned cou
unsel appearing for the res
spondents.

6. With t
the consent of learned co
unsel for the parties,
the present
t OA is taken up for dispo
osal at the admission
stage itself
.

JUGAL KISHORE
JUGAL KISHORE
2026.09.03 17:11:53+05'30'

4
Item No,18 (C-4)

7. In view
OA No3167/20
026
w of the submissions mad
de by learned counsel
for the par
rties, and without expres
ssing any opinion on
the merits
of the case, the present O
OA is disposed of with
a direction
to Respondent No.2 to
consider and decide
the represe
entations dated 28.06.20
026 and 05.07.2026
submitted
by the applicant, in acco
ordance with law, by
passing a r
reasoned and speaking ord
der within a period of
30 days fro
om the date of receipt of a
a certified copy of this
order.

8. It is m
made clear that the limited
d prayer made by the
applicant is
s for disposal of his repre
esentations within the
aforesaid p
period of 30 days. It is
s expected that the
representat
tions shall be considered
d and disposed of by
the compet
tent authority, preferably
before declaration of
the result.

9. Pendin
ng MAs, if any, shall stan
nd disposed of. There
shall be no
order as to costs.


(Dr. Anand
Member


/jk/

d S Khati)
r (A)
(Manish Garg)
Member (J)
JUGAL KISHORE
JUGAL KISHORE
2026.09.03 17:11:53+05'30'