Full Text
HIGH COURT OF DELHI
Review Petition 303/2010 in W.P.(C) 4173/2010
ZAHEER ALAM MAN SURIE Petitioner
Through: Mr. K. Sunil, Advocate.
Through: Mr. Jatan Singh, CGSC with Mr. Ashish Kuinar Srivastava, Advocate for UOI.
01.06.2011 L. The writ petition was dismissed on June, 2010 for the reason of the petitioner having produced the OBC certificate issued by the authorities in Uttar Pradesh while being required to produce the OBC certificate issued by the authorities in Delhi.
ORDER
2. The petitioner, belonging to OBC category had appeared in the • Combined Graduate Level Examination, 2008, held by the Staff Selection Commission. This Review Petition has been filed contending that the emplOyment sought by the petitioner being an All India employment under the Central Government, the petitioner was not required to produce the OBC certificate issued by the authorities in Delhi only and the OBC certificate produced by the petitioner and issued by the authorities in Uttar Pradesh was valid for consideration. 1/- 2011:DHC:1924[6] The petitioner has in pursuance to the order dated 25th April, 2011 also filed the prospectus inviting applications for appointments in pursuance to which the petitioner had applied; the same shows that the selections were to be made for the posts in Custom House, Central Secretariat Service, Railway Board, Election Commission of India, Central Vigilance Commission, Income Tax Enforcement Department etc. The counsel for the respondent Union of India however has today contended that the subject matter of the Writ Petition and the Review
4 Petition is within the domain of the Central Administrative Tribunal (CAT). The counsel for the petitioner is also not able to controvert the aforesaid. He however states that unless the order dismissing the Writ Petition is re-called, the petitioner would not be in a position to approach the CAT also. Accordingly, without expressing any opinion whatsoever on the claim of the petitioner, the order dated 28thi June, 2010 dismissing the Writ Petition is reviewed/re-called. The Review Petition is accordingly allowed. W.P.(C) 4173/2010. The matter being within the ambit of the Administrative Tribunals Act 4 1985, the writ petition is disposed of with liberty to the petitioner to approach the CAT. The time during which the petitionlreview application remained pending before this Court shall be excluded subject to the petitioner approaching the CAT on or before 7t[1] July, 2011. JUNE 01, 2011 pp.. NDLAW,J 2/-