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Neutral Citation Number: 2023/DHC/001718
W.P.(C) 2869/2023
HIGH COURT OF DELHI
Date of Decision: 07th March, 2023
HIGH COURT OF DELHI
Date of Decision: 07th March, 2023
W.P.(C) 2869/2023
SHIVEDESH SHARMA & ORS. ..... Petitioners
Through: Mr. Lohit Ganguly, Mr. Sushil Kumar and Ms. Reeta Punia, Advocates
SHIVEDESH SHARMA & ORS. ..... Petitioners
Through: Mr. Lohit Ganguly, Mr. Sushil Kumar and Ms. Reeta Punia, Advocates
VERSUS
GOVT. OF NCT OF DELHI & ANR. ..... Respondents
Through: None.
Through: None.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
JUDGMENT
JYOTI SINGH, J.
(ORAL)
CM APPL. 11113/2023 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of. W.P.(C) 2869/2023 & CM APPL. 11112/2023 (stay) & 11111/2023 (permission to file writ petition)
3. Present writ petition has been filed by the Petitioners seeking the following reliefs:-
“A. the issuance of a Writ of Mandamus and/or direction under Art.226 of The Constitution of India to the Respondents to adhere to the EWS reservation policy of the Govt. and to implement it fully by providing for the entire quantum of 10% EWS reservation and thereby provide 70 or 71 vacancies (as the case may be) towards EWS category for the post code "18/19: Fire Operator";
4. The writ petition cannot be entertained by this Court in view of the judgment of the Constitution Bench of the Supreme Court in Neutral Citation Number: 2023/DHC/001718 W.P.(C) 2869/2023
L. Chandra Kumar v. Union of India and Others, (1997) 3 SCC 261 and this Court in Dr. Arun Kumar Mishra v. Union of India, 2021 SCC OnLine Del 3841 and Dr. Ambika Tyagi v. All India Institute of Medical Sciences and Anr., 2023 SCC OnLine Del 201.
5. Writ petition along with pending applications is, therefore, dismissed as not maintainable, granting liberty to the Petitioners to approach the Appropriate Forum, in accordance with law.
JYOTI SINGH, J MARCH 07, 2023