Pinky Yadav v. Govt. of NCT of Delhi and Anr

Delhi High Court · 19 Jan 2024 · 2024:DHC:408
Tushar Rao Gedela
W.P.(C) 802/2024
2024:DHC:408
administrative appeal_allowed Significant

AI Summary

The Delhi High Court held that recruitment challenges against the Delhi Government are barred under Section 14 of the Administrative Tribunal Act and transferred the writ petition to the Central Administrative Tribunal for adjudication.

Full Text
Translation output
W.P.(C) 802/2024
HIGH COURT OF DELHI
JUDGMENT
delivered on: 19.01.2024
W.P.(C) 802/2024
PINKY YADAV ..... Petitioner
versus
GOVT. OF NCT OF DELHI AND ANR ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Ms. Shriya Chanda and Mr. Shreyuss S
Joshi, Advocates For the Respondents : Ms. Laavanya Kaushik, Advocate
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
TUSHAR RAO GEDELA, J. (ORAL)
(The proceeding has been conducted through Hybrid Mode)
CM APPL. 3448/2024

1. Exemption allowed subject to all just exceptions.

2. The application stands disposed of.

3. Keeping in view the judgments of the Coordinate Bench of this Court in respect of the recruitment processes of the Central Government or Delhi Government being subject matter of Section 14 of the Administrative Tribunal Act, 1965 and consequently, such challenges being barred to challenge under Article 226 of the Constitution of India, 1950, this Court is of the considered opinion that the present writ petition would not be maintainable as such before this Court.

4. Ms. Shriya Chanda, learned counsel appearing for the petitioner submits that the petitioner, in fact, is one of the candidates, who had cleared Tier-I and Tier-II examinations and by misfortune had missed the deadline for submission of the form for the renotified examination, which was done in compliance of the order dated 03.03.2021 passed by the Supreme Court in SLP (C) Nos. 5785-5786/2020 titled Sachin Kumar and Others vs.

DSSSB and Others. She requests that the present petition be transferred to the Central Administrative Tribunal, New Delhi in order to save time and administrative delay.

5. In view of the aforesaid request of learned counsel for the petitioner as also after having perused the issue raised therein, it is considered appropriate to sent the present writ petition to the Principal Bench, Central Administrative Tribunal, New Delhi to be renumbered as original application in accordance with the regulations.

6. It is requested that the learned Tribunal may take up for consideration the present petition on 23.01.2024.

7. With the aforesaid directions, the petition is disposed of.

TUSHAR RAO GEDELA, J JANUARY 19, 2024