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HIGH COURT OF DELHI
Date of Decision: 13th June, 2022
DR. ADEEBA ASRAR ..... Petitioner
Through: Mr. Varun Mudgil, Mr. Rakesh Kumar, Mr. Mohit Mudgal and Mr. Sanjay Baniwal, Advocates.
Through: Mr. V.S.R. Krishna and Mr. V.
Shashank Kumar, Advocates for AIIMS.
JUDGMENT
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
3. Present writ petition has been preferred on behalf of the Petitioner seeking quashing of the Advertisement No. F.07/2022-Acad.I dated 03.06.2022, for recruitment of Junior Resident (Non ACAD.) for Session commencing in July, 2022, issued by Respondent No.1/AIIMS.
4. Mr. V.S.R. Krishna, learned counsel appearing on behalf of Respondent No.1 takes a preliminary objection to the maintainability of the 2022:DHC:2327 present petition on the ground that the Petitioner is amenable to the jurisdiction of the Central Administrative Tribunal.
5. In view of Section 14 read with Section 3(o) of the Administrative Tribunals Act, 1985 and in view of the judgment of the Constitution Bench in L. Chandra Kumar v. Union of India, (1997) 3 SCC 261, this Court has no jurisdiction to entertain the present petition and the remedy of the Petitioner lies in approaching the Central Administrative Tribunal.
6. Accordingly, the present writ petition is disposed of as not maintainable, granting liberty to the Petitioner to approach the Central Administrative Tribunal, if so advised.
JYOTI SINGH, J (VACATION JUDGE) JUNE 13, 2022