Dr Harjit Singh v. All India Institute of Medical Sciences, New Delhi and Anr.

Delhi High Court · 10 Feb 2023 · 2023:DHC:964

Jyoti Singh

W.P.(C) 672/2023

2023:DHC:964

administrative petition_dismissed

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The Delhi High Court dismissed the writ petition challenging non-selection in AIIMS recruitment as not maintainable, directing the petitioner to approach the Central Administrative Tribunal for adjudication.

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Neutral Citation Number: 2023/DHC/000964

W.P.(C) 672/2023
HIGH COURT OF DELHI
Date of Decision: 10th February, 2023

W.P.(C) 672/2023
DR HARJIT SINGH ..... Petitioner
Through: Mr. Prashant Bhushan, Ms. Suroor Mandar and Ms. Ria Yadav, Advocates

VERSUS

ALL INDIA INSTITUTE OF MEDICAL SCIENCES, NEW DELHI AND ANR. ..... Respondents
Through: Mr. Tushar Gupta, Mr. Parinay Gupta and Mr. Vibhor Garg, Advocates for
AIIMS.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

JUDGMENT

JYOTI SINGH, J.

(ORAL)

CM APPL. 2636/2023 (exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of. W.P.(C) 672/2023 & CM APPL. 2635/2023 (stay)

3. Present writ petition has been filed seeking the following reliefs:-

“A. Issue an appropriate writ, order or directions to the Respondent No. 1 to quash the non-selection of the Petitioner in the interview dated 09.10.2022 held in pursuance Advt. No.AIIMS/NEW DELHI/FAC.RECT /2021/1 dated 17.11.2021;

B. Issue an appropriate writ, order or directions to the Respondent

No. 1 to conduct a re-interview /reassessment of the Petitioner for interview dated 09.10.2022 held in pursuance Advt. No.AIIMS/NEWDELHI/FAC.RECT /2021/1 dated 17.11.2021 by a properly reconstituted Selection Committee; Neutral Citation Number: 2023/DHC/000964 W.P.(C) 672/2023

C. Issue appropriate directions to Respondent No. 1 to videorecord Petitioner's re-interview thereof for the interview dated 09.10.2022 for posts on 'Direct Recruitment Basis' notified vide Advertisement No. AIIMS/New Delhi/ Fac. Rect./2021/1 dated 17.11.2021;

D. Issue appropriate directions to Respondent No. 1 to fix a benchmark for the aforementioned interview process including the relaxations for Scheduled Caste candidates and that members of the Selection Committee individually and severally give marks on the Petitioner's performance in the interview vis-a-vis the criteria laid down in the guidelines for advisers/experts issued by the Respondent No.1 for the Selection Committee as annexed in Annexure P-13.”

4. The writ petition cannot be entertained by this Court as it is not maintainable in view of the judgments of the Constitution Bench of the Supreme Court in L. Chandra Kumar v. Union of India and Others, (1997) 3 SCC 261 and this Court in All India NIC S&T Officers Association v. Union of India & Ors., W.P.(C) 14533/2022 decided on 14.12.2022 and Dr. Ambika Tyagi v. All India Institute of Medical Sciences and Anr., 2023 SCC OnLine Del 201.

5. Writ petition is therefore dismissed as not maintainable granting liberty to the Petitioner to approach the Central Administrative Tribunal. Since this is the second round of litigation and the matter relates to appointment, needless to state that as and when the Petitioner approaches the Tribunal, every effort shall be made by the Tribunal to dispose of the matter as expeditiously as possible.

6. Writ petition is disposed of along with the pending application.

JYOTI SINGH, J FEBRUARY 10, 2023

Dr Harjit Singh v. All India Institute of Medical Sciences, New Delhi and Anr.

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JUDGMENT

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