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2026 DAILYLAW 12181 (DEL)

MAHIPAL KAKODIYA v. UNION OF INDIA AND ORS

W.P.(C)/9463/2026 · 2026-07-17

Sanjeev Narula

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9463/2026 & CM APPL. 44096/2026 MAHIPAL KAKODIYA .....Petitioner Through: Mr. Rajesh Kumar Chauhan, Advocate. versus UNION OF INDIA AND ORS .....Respondents Through: Mr. Vedansh Anand, SPC with Mr. Shivam Kumar, G.P. and Mr. Kush Garg, Advocate for UOI. Ms. Shama Sharma, Ms. Rama Bahuguna, Mr. Shantanu Sharma, Advocates for AAI with Mr. Yatinder Chaudhary, Manager (Law). CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R % 17.07.2026 1. This writ petition seeks a direction to the Respondents to issue an appointment letter to the Petitioner for the post of Senior Assistant (Electronics), NE-06, pursuant to Advertisement No. 01/2025/NR, issued by the Airport Authority of India1, along with all consequential benefits including seniority, promotion, pay and allowances. 2. Counsel for the Petitioner submits that the Petitioner is presently serving as a Navigational Assistant Grade-III under the Directorate of Lighthouses and Lightships. He had applied for the post of Senior Assistant (Electronics), NE-06 pursuant to the aforesaid advertisement and appeared This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/07/2026 at 11:41:39 in the Computer-Based Test conducted on 21st April, 2025. Upon declaration of the result, the Petitioner was shortlisted for the next stage and issued a call letter, requiring him to appear for document verification on 10th July, 2025. 3. It is submitted that, being in Government service, the Petitioner was required to produce a No Objection Certificate2 from his parent department. According to the Petitioner, he had applied for issuance of the NOC well before the last date prescribed for submission of applications. However, as the NOC was not issued in time, he furnished an undertaking to AAI stating that the same would be produced at the stage of document verification. Since the NOC had still not been issued by the date fixed for document verification, the Petitioner submitted a further undertaking informing AAI that the NOC was under process. 4. Counsel for the Petitioner further submits that, owing to the inaction of the parent department in issuing the NOC, the Petitioner approached the Central Administrative Tribunal,3 Ahmedabad Bench. Pursuant to the directions issued by the Tribunal, the parent department first issued a provisional NOC and thereafter the final NOC along with the requisite Experience Certificate. These documents were thereafter forwarded to AAI along with representations requesting consideration of the Petitioner’s candidature and issuance of an appointment letter. 5. The grievance of the Petitioner is that despite submission of the aforesaid documents and repeated representations, no decision has been communicated by AAI regarding his candidature. 1 “AAI” 2 “NOC” This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/07/2026 at 11:41:39 6. Counsel further submits that the Petitioner had earlier approached CAT, Principal Bench, New Delhi by filing O.A. No. 137/2026. The said application was permitted to be withdrawn with liberty to avail the appropriate remedy before the competent forum. 7. Ms. Shama Sharma, counsel for the AAI, submits that the Respondents had already placed on record before the CAT the reasons for not considering the Petitioner as eligible for appointment. She further submits that the recruitment process has substantially progressed and that appointment letters have already been issued to the selected candidates. Accordingly, she contends that no direction, as prayed for by the Petitioner, can now be issued. 8. Having heard counsel for the parties, and considering the limited grievance raised in the present petition, this Court deems it appropriate to direct AAI to treat the present writ petition, along with the representations already submitted by the Petitioner, as a comprehensive representation. Accordingly, the competent authority of AAI is directed to consider the Petitioner’s claim and pass a reasoned and speaking order thereon, in accordance with law, within a period of three weeks from today. The decision so taken shall be communicated to the Petitioner forthwith. 9. In the event the Petitioner remains aggrieved by the decision so rendered, it shall be open to him to avail such remedies as may be available in accordance with law. 10. It is clarified that this Court has not expressed any opinion on the merits of the case. All rights and contentions of the parties are left open. 11. The writ petition is disposed of in the above terms, along with the 3 “CAT” This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/07/2026 at 11:41:39 pending application(s), if any. SANJEEV NARULA, J JULY 17, 2026 as This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/07/2026 at 11:41:39