CAT - Delhi

Petition dismissed due to applicant's non-prosecution and adverse precedent.

Tamanna Shokeen & Ors. v. Govt. of NCT of Delhi & Ors., O.A. No.2717/2018

CAT - DelhiJUDGMENT: March 2nd, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The present matter, Original Application (O.A.) No.2717/2018, along with M.A. No.1002/2020, was heard by the Central Administrative Tribunal, Principal Bench: New Delhi, on March 2nd, 2026

Source reference: p.1

The applicants, a group of fifty individuals, primarily comprising candidates for the post of Teacher (Primary) in MCD, sought relief

Source reference: p.1-7

The proxy counsel for the applicants sought discharge from the case, stating an inability to establish contact with the applicants despite efforts

Source reference: p.9

The respondents' counsel submitted that the controversy in this O.A. was covered by a previous judgment of a Coordinate Bench of the Tribunal in O.A. No. 300/2018 & batch, decided on March 14, 2019, which had dismissed identical issues

Source reference: p.9
02

Issues

1. Whether the applicants were interested in pursuing the matter given their counsel's inability to establish contact

Source reference: p.9

2. Whether the issues raised in the present O.A. were already covered by a previous judgment of a Coordinate Bench of the Tribunal concerning identical issues

Source reference: p.9
03

Law Applied

The Tribunal implicitly applied the principle of judicial precedent (stare decisis) by considering whether the issues in the present O.A. were "squarely covered" by a prior judgment of a Coordinate Bench

Source reference: p.9

Additionally, the Tribunal considered the procedural aspect of case management, where a lack of interest from the applicants in pursuing the matter, indicated by their counsel's inability to establish contact, can lead to dismissal

Source reference: p.9
04

Reasoning

The Tribunal considered two main factors in its decision.

Source reference: no citation

Firstly, the learned proxy counsel for the applicants requested discharge from the matter, stating that she had been unable to contact the applicants despite efforts, which suggested that the applicants were no longer interested in pursuing their case

Source reference: p.9

Secondly, the learned counsel for the respondents argued that the core issues in the present O.A. were identical to those already decided by a Coordinate Bench of the Tribunal in O.A. No. 300/2018 & batch on March 14, 2019, where the O.A.s were dismissed

Source reference: p.9

The Tribunal found that both grounds independently supported the dismissal of the current application

Source reference: p.9
05

Holding

The Tribunal concluded that the applicants were not interested in pursuing the matter further.

Moreover, on merits, the issue stood covered against the applicants based on the earlier decision of a Coordinate Bench

Source reference: p.9

Accordingly, the O.A. was dismissed, and all pending M.A.s were also disposed of.

Source reference: p.10

No order was made as to costs

Source reference: p.10
CAT - Delhi

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Tamanna Shokeen & Ors. v. Govt. of NCT of Delhi & Ors., O.A. No.2717/2018

CAT - Delhi · March 2nd, 2026

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