ORAL ORDER
(Pronounced by Hon'ble Mr. M. Swaminathan, Member(J))
In the present OA, the applicant has sought the following relief:
"A. Hold that the Firm Vacancies to be Filled Through Civil Services Examination, 2023, dated 21.06.2023 (hereinafter referred to as "firm vacancies breakup"), which was based on the Office Memorandum, dated 31.01.2019, on Reservation for Economically Weaker Sections (EWS) in direct recruitment in civil posts and services in the Government of India, issued by the Ministry of Personnel, Public Grievances & Pensions, is directly contrary to:
a. Article 16 of the Constitution,
b. The judgement of the Hon'ble Supreme Court in Janhit Abhiyan v. Union Of India .,
(2023) 5 SCC 1,
c. Judgements of the the Hon'ble Supreme Court in R.K. Sabharwal v. State of Punjab, 1995 2 SCC 745 and J.C. Mallick v. Ministry of Railways, 1978 (1) SLR
d. The Judgment of the Hon'ble Madhya Pradesh High Court in Pushpendra Singh Rajpoot v. State of Madhya Pradesh, W.P No. 9692 of 2021.
B. Issue appropriate directions to the respondent to ensure proper compliance with Article 16(6) of the Constitution, along with all the Hon'ble Supreme Court judgements in granting 10% reservation to EWS candidates.
C. Grant such other and further relief/s as may be deemed fit and proper in the peculiar facts and circumstances of the present case."
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2. When the matter is taken up for hearing, the learned counsel for the applicant submits that he seeks to withdraw the present OA, and he has made an endorsement to that effect.
3. Accordingly, the OA is dismissed as withdrawn. No order as to costs.
(Sisir Kumar Ratho) (M Swaminathan) Member (A) Member (J)
LM 27.08.2024
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