PRASHANT KUMAR BHATI vs HEALTH on 12 November 2026

1. UNION OF INDIA Through the Secretary. Ministry of Health & Family Welfare, Government of India. New Delhi – 110001.

2. DIRECTOR. Lady Hardinge Medical College & Hospitals, New Delhi – 110001

…Respondents

(By Advocate: Ms. Sumedha Sharma)

SNEHA MEENA

ORDER (ORAL)

By Hon’ble Mr. Manish Garg, Member (J)

M.A. No.5486/2026 (Exemption) is allowed subject to just exceptions.

2. In the present Original Application filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant seeks the following reliefs: “(i) Adjudicate and declare unlawful the respondents' non- consideration of the Applicant against the identified remaining advertised OBC vacancy, insofar as unsupported by the applicable recruitment framework, comparative merit and official records;

(ii) Direct the Respondents to produce before this Hon'ble Tribunal the complete original recruitment record, including the category-wise merit list, select/reserve/waiting list, roster, vacancy position, document-verification records, appointment/joining records, termination records and all notices by which candidates were called after the original selection;

(iii) Direct the Respondents to produce before this Hon'ble Tribunal a verified affidavit setting out the OBC vacancy reconciliation, each candidate above the Applicant, Himanshu Pal's vacancy adjustment, Mahesh Kumar's final outcome, and the precise panel- validity/extension/closure rule or approval relied upon; (IV) Direct the Respondents to call the Applicant for document verification against the continuing/replacement OBC vacancy under Advertisement/Nursing Attendant/Admn.III/2021/1349 dated 12.02.2021, subject to verification of the original recruitment record and applicable eligibility conditions and such direction is sought upon establishing that the Applicant is the next eligible candidate entitled to consideration under the applicable framework, without displacing any higher- ranked eligible candidate;

(v) Upon the Applicant being found eligible at document verification and his merit/category position being verified, direct the Respondents to issue an offer of appointment to SNEHA MEENA

the Applicant against the available OBC vacancy under the same recruitment, in accordance with law;

(vi) Grant such lawful consequential relief as justified, including consideration of notional seniority from the proved date of wrongful exclusion, without automatic retrospective pay or prejudice to persons not before the Tribunal. Alternatively, direct a time-bound speaking decision addressing the November 2025 exercise, vacancy, merit and precise rule supporting refusal.

(vii) Pass any other or further order(s) which this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.”

3. Learned counsel for the applicant, while drawing attention to the facts of the case, submits that the candidature of the last selected candidate immediately preceding the applicant came to be rejected vide order dated 18.12.2025. It is, therefore, submitted that the claim of the applicant deserves consideration in the light of the said development.

4. Learned counsel for the applicant further places reliance upon the decision rendered in Rahul Singh Rathore v. DSSSB & Others, OA No. 3813/2018, decided by the Central Administrative Tribunal, Principal Bench, vide order dated 03.02.2023, as well as the decision rendered by the Hon'ble High Court in W.P.(C) No. 8708/2023, vide order dated 28.08.2025.

5. The applicant is also present in person before the Court in terms of the order dated 28.10.2026. SNEHA MEENA

6. In view of the above, without entering into the merits of the matter, the present OA is disposed of with a direction to the respondents/competent authority to consider and decide the pending representations of the applicant dated 13.10.2025, 12.01.2026 and 15.06.2026, in accordance with the principles of natural justice, by passing a reasoned and speaking order and communicating a copy thereof to the applicant within a period of 30 days from the date of receipt of a copy of this order.

7. The O.A. stands disposed of in terms of the aforesaid directions, at the admission stage itself. Pending M.A.s, if any, also stand disposed of accordingly. There shall be no order as to costs.

(Rajinder Kashyap) (Manish Garg) Member (A)

Member (J)

/sm/ SNEHA MEENA