Anita Kumari Sihmar v. State and Ors

Delhi High Court · 18 Dec 2014 · 2014:DHC:7223
Hima Kohli
W.P.(C) 9067/2014
2014:DHC:7223
administrative appeal_dismissed Procedural

AI Summary

The Delhi High Court allowed withdrawal of a writ petition on maintainability grounds with liberty to approach the Central Administrative Tribunal, directing the DSSSB to consider the petitioner’s representation before the scheduled examination.

Full Text
Translation output
W.P.(C) 9067/2014
HIGH COURT OF DELHI
W.P.(C) 9067/2014 and CM APPL. 20685-86/2014
Date of Decision: 18.12.2014 IN THE MATTER OF:
ANITA KUMARI SIHMAR ..... Petitioner
Through: Mr. S.K. Rungta, Senior Advocate with Mr. Naresh Daksh and Mr. Prashant Singh, Advocates
VERSUS
STATE AND ORS ..... Respondents
Through: Mr. C. Prakash, Advocate
CORAM
HON'BLE MS.JUSTICE HIMA KOHLI HIMA KOHLI, J.(Oral)
JUDGMENT

1. The present petition has been filed by the petitioner praying inter alia for issuing directions to the respondent No.1/GNCTD and respondent No.2/DSSSB to include her name in the list of eligible candidates for the post of TGT (Social Science).

2. The petition has been listed subject to an office objection with regard to its maintainability in this Court in view of the fact that the petitioner ought to have approached the Central Administrative Tribunal for relief.

3. Mr. Rungta, learned Senior Advocate appearing for the petitioner states that he may be granted leave to withdraw the present petition while reserving the right of the petitioner to approach 2014:DHC:7223 W.P.(C) 9067/2014 the Tribunal for appropriate relief but in the meantime, the respondent No.2/DSSSB be directed to consider the petitioner’s representation dated 03.12.2014 (Annexure A-4) and decide the same under written intimation to her as early as is possible, particularly, since the written examination for the subject post is fixed on 28.12.2014.

4. Counsel for the respondents, who appears on advance copy, states that he shall ask the Department to do the needful at the earliest.

5. Accordingly, the present petition is disposed of with liberty granted to the petitioner to approach the Tribunal for appropriate relief. In the meantime, the respondent No.2/DSSSB shall examine the representation dated 03.12.2014 submitted by the petitioner and take a decision thereon on or before 24.12.2014, under written intimation to her.

6. The petition is disposed of alongwith the pending applications.