HEMANT GUPTA, J. - (1.) The present appeals, at the instance of Union of India(For short, the 'Union'), are directed against an order passed by the High Court of Kerala at Ernakulam on 28.02.2017 whereby the appellant was directed to allocate the respondent(For short, the 'Applicant') herein to the Kerala cadre of the All-India Service.
(2.) The applicant is a candidate seeking appointment to the All-India Services in pursuance of the Civil Services Examination-2006(For short, the 'CSE-2006'). The applicant was successful as she found her name at Serial No. 20 of the candidates selected by the Union Public Service Commission(For short, the 'Commission'). She belongs to Muslim community and also to the Other Backward Class(For short, the 'OBC'). She was allotted Himachal Pradesh cadre after the Union sought the consent of Himachal Pradesh government on 13.11.2007, which was duly received on 17.12.2007.
(3.) It is thereafter that the applicant filed an Original Application under Section 19 of the Administrative Tribunals Act, 1985 before the Ernakulam Bench of the Central Administrative Tribunal(For short, the 'Tribunal'). The Tribunal directed the Union to allot and accommodate the applicant against the outsider OBC vacancy in the Maharashtra cadre by virtue of her merit over the candidate already identified and allotted the Maharashtra cadre. The Union and the applicant aggrieved against the said order filed writ petitions before the High Court of Kerela at Ernakulam. The writ petition of the Union challenging the direction of the Tribunal to accommodate the applicant in the Maharashtra cadre was allowed. Also, even the original application filed by the applicant for declaring and directing that the applicant is eligible to be allotted the Kerala cadre was allowed.;