Authority: Supreme Court of India
Order Date: 29-07-2026
Case Overview
- Parties: Petitioner – Shweta; Respondent – National Institute of Tuberculosis & Respiratory Diseases (and others).
- Background: Shweta was selected in a recruitment process for the Schedule Caste (SC) category and appointed as HMTS (Dietary) on 27‑12‑2023. The appointment was withdrawn on 10‑01‑2024 because the recruiting body claimed no SC‑category post was available and no requisition had been made for such a post.
- Tribunal Relief: The Central Administrative Tribunal (CAT) allowed Shweta’s original application (O.A. No. 643/2024) on 15‑10‑2025, granting her the appointment and related benefits.
- High Court Set‑aside: The High Court of Delhi, in its judgment dated 20‑01‑2026 (WPC No. 527/2026), set aside the CAT order, effectively cancelling the relief.
- Supreme Court Proceedings: The Special Leave Petition (SLP) No. 7604/2026 was heard before a bench of Hon’ble Mr. Justice Prashant Kumar Mishra and Hon’ble Mr. Justice Shree Chandrashekhar. On 19‑05‑2026, counsel for the respondent sought time to find a solution.
- Affidavit: Respondent filed an affidavit stating that the Institute had discussed the matter and decided that Shweta could be adjusted/appointed to a vacant HMTS (Dietary) – Kitchen Staff post under the SC category as a special case (paragraph‑4 of the affidavit).
Final Outcome
- The Supreme Court disposed of the SLP, directing the respondent to issue a formal order allowing Shweta to join the services on the strength of the original appointment order dated 27‑12‑2023.
- Shweta will be entitled to notional seniority and fixation of pay as ordered by the Tribunal.
- The Court expressly stated that this case is treated as a special case and shall not be treated as a precedent.
- Any pending applications, if any, shall stand disposed of.
Topics: Employment, Judicial Decision