COMPTROLLER AND AUDITOR GENERAL OF INDIA vs AMIT YADAV & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 30.01.2025 Date of Decision: 29.05.2025 + W.P.(C) 5904/2023 & CM APPL. 23090/2023 COMPTROLLER AND AUDITOR GENERAL OF INDIA .....Petitioners Through: Dr. S.S. Hooda, Adv. versus AMIT YADAV & ANR. .....Respondents Through: Mr. Kaoliangpou Kamei and Ms. Snigdha Jayakrishnan, Advs. for R-1 Ms. Pratima N. Lakra, CGSC with Ms. Kashish G Baweja, Adv. for R-2/UOI Mr. Raghav Sabharwal, Mr. Ayush Shrivastava and Mr. Harsh Vardhan Singh, Advs. for Intervenor. CORAM: HON'BLE MR. JUSTICE C.HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT % 29.05.2025 AJAY DIGPAUL, J. Brief facts 1. The present petition under Articles 226 read with 227 of the Constitution of India has been filed on behalf of the petitioner namely Comptroller & Auditor General of India1 seeking quashing of the order 1 Hereinafter ―CAG‖ Signature Not Verified Signed By:AAKANSHA W.P.(C) 5904/2023 Page 1 of 37 SHARMA Signing Date:29.05.2025 18:27:45 dated 23.01.2023 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi in OA No. 339/20222. 2. The relevant facts that led to the filing of the present petition are as under: i. The instant case arises out of the denial of appointment to respondent no. 1 namely Amit Yadav, a candidate (Rank 10521, Roll No. 2201130804) in the Staff Selection Commission‘s Combined Graduate Level Examination, 20183, who had applied for the post of Auditor (Post Code D33)4 in the CAG. Amit Yadav had applied under the Persons with Disabilities - Other category5 and Other Backward Class6 category. ii. The SSC CGLE 2018 was notified on 05.05.2018 to fill various Group ‗B‘ and ‗C‘ posts in various Ministries/Departments/Organizations in the Government of India. Thereafter, tentative list of vacancies as on 27.