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W.P.(C) 5999/2018
HIGH COURT OF DELHI
Date of Order: May 29, 2018
HIGH COURT OF DELHI
Date of Order: May 29, 2018
W.P.(C) 5999/2018 & CM Nos. 23374-75/2018
NINIKA DHAWAN ..... Petitioner
Through: Mr. Jayant Mehta, Ms. Shruti Iyer, Mr. Ananda K and Mr.Subhankar, Advocates
NINIKA DHAWAN ..... Petitioner
Through: Mr. Jayant Mehta, Ms. Shruti Iyer, Mr. Ananda K and Mr.Subhankar, Advocates
VERSUS
UNION OF INDIA & ANR .....Respondents
Through: Mr. Rakesh Kumar, CGSC for R-1 Mr. Naresh Kaushik, Mr. Omung Gupta, Mr. Devik Singh and Mr. Naman Maheshwari, Advocates
For R-2
Through: Mr. Rakesh Kumar, CGSC for R-1 Mr. Naresh Kaushik, Mr. Omung Gupta, Mr. Devik Singh and Mr. Naman Maheshwari, Advocates
For R-2
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR O R D E R (ORAL)
Petitioner had appeared for Civil Services Examination, 2017 and according to her, as per the results declared, she had secured 1027 marks and had got All India Rank - 264 but was shocked to discover that she had been awarded 15 penalty marks.
Aggrieved by deduction of penalty marks, this writ petition has been filed. At the outset, learned counsel for respondent questions the maintainability of this petition by relying upon Section 14 (1)(a) of the
Administrative Tribunals Act, 1985 to submit that all the matters concerning the recruitment to any All India Service have to be considered by the Central Administrative Tribunals.
2018:DHC:3581
Petitioner had appeared for Civil Services Examination, 2017 and according to her, as per the results declared, she had secured 1027 marks and had got All India Rank - 264 but was shocked to discover that she had been awarded 15 penalty marks.
Aggrieved by deduction of penalty marks, this writ petition has been filed. At the outset, learned counsel for respondent questions the maintainability of this petition by relying upon Section 14 (1)(a) of the
Administrative Tribunals Act, 1985 to submit that all the matters concerning the recruitment to any All India Service have to be considered by the Central Administrative Tribunals.
2018:DHC:3581
W.P.(C) 5999/2018
To controvert it, petitioner’s counsel draws the attention of this
Court to the definition of service matters as provided in Section 3 of the aforesaid enactment.
Upon hearing both the sides on maintainability aspect, I find that afore-mentioned Section 14 (1)(a) categorically mandates that all the matters concerning All India service have to be dealt by the Central
Administrative Tribunals.
In view of the urgency involved in this petition, it be transmitted to special messenger for being placed before the Bench on 31st May, 2018 for urgent hearing. It is expected that this matter would be heard on the same day.
Copy of this order be given dasti under signatures of the Court
Master to learned counsel for petitioner.
(SUNIL GAUR)
JUDGE
MAY 29, 2018 p 2018:DHC:3581
To controvert it, petitioner’s counsel draws the attention of this
Court to the definition of service matters as provided in Section 3 of the aforesaid enactment.
Upon hearing both the sides on maintainability aspect, I find that afore-mentioned Section 14 (1)(a) categorically mandates that all the matters concerning All India service have to be dealt by the Central
Administrative Tribunals.
In view of the urgency involved in this petition, it be transmitted to special messenger for being placed before the Bench on 31st May, 2018 for urgent hearing. It is expected that this matter would be heard on the same day.
Copy of this order be given dasti under signatures of the Court
Master to learned counsel for petitioner.
(SUNIL GAUR)
JUDGE
MAY 29, 2018 p 2018:DHC:3581
JUDGMENT