Facts
The applicant, a candidate for the post of Counsellor (Post Code 45/21), challenged three deficiency memos dated 30.12.2025, 02.02.2026, and 18.02.2026 issued by Respondent No. 3
Source reference: p. 2, para 2(a)These memos demanded an OBC Non-Creamy Layer (NCL) Certificate specifically for the financial year 2021-22.
Source reference: p. 2, para 2(b)The applicant contended that she possesses a valid OBC Certificate dated 20.06.2017 and a continuous chain of NCL Certificates for the years 2019-20, 2020-21, 2022-23, 2023-24, and 2024-25
Source reference: p. 2, para 2(b)The applicant submitted a representation on 09.01.2026 and an email on 16.01.2026 to the respondents explaining her position, but these remained pending consideration
Source reference: p. 2-3, para 3-4Issues
1. Whether the respondents are obligated to consider and decide upon the applicant's pending representations regarding the sufficiency of her OBC-NCL documentation
Source reference: p. 3, para 5Law Applied
The Tribunal exercised its jurisdiction under Section 19 of the Administrative Tribunals Act, 1985
Source reference: p. 2, para 2The court applied the administrative law principle that authorities must dispose of pending representations from aggrieved employees/candidates through a "reasoned and speaking order" to ensure transparency and adherence to the principles of natural justice
Source reference: p. 3, para 5Reasoning
The Tribunal avoided an adjudication on the substantive merits of whether the "continuous chain" of NCL certificates satisfied the requirement for the specific year 2021-22
Source reference: p. 3, para 5The court focused on the procedural aspect of the case. It noted that the applicant had already approached the respondents via formal representations which were left undecided
Source reference: p. 3, para 4The Tribunal reasoned that a holistic review by the respondents was necessary to determine if the applicant's status was sufficiently proven by the surrounding years' certificates
Source reference: p. 3, para 5Consequently, the court found it appropriate to direct the respondents to perform their administrative duty of evaluating the applicant's claim and passing a formal decision before the Tribunal intervened further
Source reference: p. 3, para 7Holding
The Tribunal disposed of the O.A. at the admission stage without expressing an opinion on the merits
It directed the respondents to consider the applicant’s case holistically and decide her pending representations by passing a reasoned and speaking order within thirty (30) days from the receipt of the order
Source reference: p. 3, para 5The Tribunal further ordered that if the decision is in favor of the applicant, all consequential benefits must be granted within forty-five (45) days thereafter
Source reference: p. 3, para 6M.A. No. 1329/2026 for exemption was allowed
Source reference: p. 2, para 1No order as to costs was made
Source reference: p. 4, para 8Original Court PDF
MANISHAvsDEPARTMENT OF URBAN DEVELOPMENT
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in