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Date of Decision: 23rd May, 2011
VISHAL YADAV ..... Petitioner
Through: Mr. Manuj Aggarwal with Mr. Bhavya Sethi, Advocates
Through: Mr. Neeraj Choudhary, Advocate.
JUDGMENT
1. Whether reporters of Local papers may be allowed to see the judgment? No
2. To be referred to the reporter or not? No
3. Whether the judgment should be reported No in the Digest?
RAJIV SAHAI ENDLAW, J.
1. The petitioner, belonging to the Other Backward Caste (OBC) category had in response to the Public Notice Inviting Application for Recruitment of Constables (Executive Male) in Police applied and had taken the written examination and the interview and his name was shortlisted and 2011:DHC:2878 he was directed to report for medical examination. It is the case of the petitioner that his name however did not figure in the name of selected candidates. The petitioner claims that he has cleared the physical endurance test and no reason, if any, for his medical unfitness has been disclosed. Averring irregularity in the recruitment process, the present writ petition has been filed calling for the records of recruitment and seeking mandamus directing the respondent to include the name of the petitioner in the list of selected candidates.
2. Notice of the petition was issued. No counter affidavit has been filed inspite of opportunities. However, the counsel for the respondent states that the counter affidavit is ready and shall be filed within a day.
3. It has however been inquired from the counsel for the petitioner as to how the present petition would be maintainable inasmuch as it appears that the Central Administrative Tribunal would have jurisdiction over the matter.
4. The counsel for the respondent also contends that the present writ petition is not maintainable and the remedy, if any, of the petitioner is before the Central Administrative Tribunal.
5. Though the counsel for the petitioner has contended otherwise by averring that the petitioner is till now not even in the service of the respondent and as such the question of invoking the jurisdiction of the Tribunal does not arise but the attention of the counsel is invited to Section 14(1)(a) of the Administrative Tribunal Act, 1985 whereunder the Tribunal has jurisdiction in relation to recruitment and matters concerning recruitment also.
6. The counsel for the petitioner at this stage seeks to approach the Tribunal.
7. The writ petition is disposed of with liberty to the petitioner to approach the Central Administrative Tribunal. No order as to costs.
RAJIV SAHAI ENDLAW (JUDGE) May 23, 2011 M