JUDGEMENT
S. Ratnavel Pandian, J. -
(1.) The above case has been registered in: pursuance of our order dated 23-11-90 in Transfer Petition (Civil) No. 546/90 transferring O.A. No. 191 of 1990 under Art. 139-Aof the Constitution of India from the file of the Central Administrative Tribunal, Patna Bench, Patna. The appellants prayer is to dispose of the above case along with Civil Appeals Nos. 5439-52/90 (arising out of SLP (Civil) Nos. 13525-38 of 1990). The relief sought for by the appellant before the CAT, Patna Bench was similar to the one before the CAT, Principal Bench, Delhi that being to declare the second proviso to R. 4 of C.S.E. as violative of Arts. 14 and 16 of the Constitution of India. On 29-8-90 the Patna Bench in M.P. No. 36/90 granted an interim relief which reads thus :"Heard the learned counsel for the applicant. The applicant may be allowed to appear at the Civil Services Main Examination, 1990, subject to result of the final orders in the original application. The respondents are directed accordingly. Copy be given to the parties today."
(2.) Mr. Salman Khurshid appearing for the appellant submitted that the interim direction given by the Patna Bench if covered by the directions given in paras 5(ii) and 6 of the Order of CAT, Delhi he has no further submission to be made, and the implementation of those directions will satisfy his relief,
(3.) We in our order dated 7-12-1990 have clarified certain directions given by the CAT. Delhi with reference to the various interim orders passed by it in a number of OAs and finally gave the following direction :
"Hence we permit all those candidates falling under Paras 5(ii, 6 and 7 to sit for the main examination subject to the condition that each candidate satisfies the Secretary, Union Public Service Commission that he/she falls within these categories and that the concerned candidates have passed the preliminary examination of 1990 and have also applied for the main examination within the due date. This permission is only for the ensuing examination. As we are now permitting those who have passed the preliminary examination of 1990 and have applied for the main examination on the basis of the unquestioned and unchallenged directions given under paras 5(ii, 6 and 7 of the judgment of the CAT, Principal Bench, New Delhi, the same benefit is extended to the other appellants also who satisfy those conditions as mentioned under paras 5(ii, 6 and 7." ;
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