DR. BAHUBALI N. SHETTI vs ALL INDIA INSTITUTE OF MEDICAL SCIENCES AND ANR

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 30.01.2026 Judgment pronounced on:07.02.2026 Judgment uploaded on: 07.02.2026 + W.P.(C) NO. 1339/2026, CM APPL. 6656/2026, CM APPL. 6657/2026 & CM APPL. 6658/2026 DR. BAHUBALI N. SHETTI .....Petitioner Through: Dr. Amit George, Mr. Akshay Bhandari, Mr. Manu Jain, Ms Rupam Jha, Ms. Medhavi Bhatia, Mr. Adhishwar Suri, Mr. Bhrigu A. Pamidighantam, Mr. Vaibhav Gandhi, Mr. Kartikay Puneesh, Advs versus ALL INDIA INSTITUTE OF MEDICAL SCIENCES & ANR. .....Respondents Through: Mr. Anand Varma & Mr. Ayush Gupta Advs. for R-1. Mr. Shrey Kapoor, Mr. Nishit Agrawal, Ms. Kanishka Mittal & Ms. Deepti Rathi, Advs for R-2. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN JUDGMENT ANIL KSHETARPAL, J. 1. The present Petition, filed by the Petitioner, assails the correctness of order dated 13.01.2026 [hereinafter referred to as Signature Not Verified W.P.(C)No. 1339/2026 Page 1 of 21 Signed By:JAI NARAYAN Signing Date:07.02.2026 12:35:18 „Impugned Order‟] passed by learned Central Administrative Tribunal [hereinafter referred to as „Tribunal‟] in O.A. No. 4242/2024 whereby the Original Application filed by Respondent No.2 herein was allowed, the Economically Weaker Section [hereinafter referred to as „EWS‟] certificate submitted by the Petitioner was declared to be invalid for the purposes of recruitment under the EWS category, and consequential directions were issued to the Respondent No.1/AIIMS to terminate the appointment of the Petitioner as Senior Resident (Ophthalmology). 2. By the Impugned Order, the Tribunal further directed that the post be offered to the next eligible candidate under the EWS category, and in the absence thereof, be converted to the Unreserved [„UR‟] category and offer