Akash Ray v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6807 of 2020 ====================================================== Akash Ray Son of Sri Bhrigu Nath Ray Resident of Mohalla- Sangram Sai, P.O. and P.S. Noa Mundi, District- West Singhbhum, Jharkhand. ... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Ministry of Defence, Government of India, New Delhi.

2.

The President, Central Airmen Selection Board, Brar Square, Delhi Cantt, New Delhi - 110010.

3.

The Commanding Officer, 10, Airmen Selection Centre, Air Force Station, Bihta, Patna- 801103.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nawnit Kumar Tiwary, Advocate :

Mr. Ravi Bhushan Prasad Sinha, Advocate For the Respondent/s :

Mr. S.D. Sanjay, ADSG :

Mr. Kumar Sachin ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 18-01-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. In the instant petition, petitioner has prayed for the following relief/reliefs:

"That the present writ application is being filed for issuance of an appropriate writ in the nature of writ of mandamus or any other writ/writs, order or direction commanding the respondent-authorities to appoint the petitioner on the Post of Airmen in Group "Y" (Auto Tech) in the Indian Air Force, as the petitioner has been duly selected after completing all the required procedure for appointment."

3. Matter relates to selection and appointment to the post of Airmen in Group "Y" (Auto Tech) in the Indian Air Force.

Patna High Court CWJC No.6807 of 2020 dt.18-01-2022 2/2 Petitioner has a remedy before the Armed Forces Tribunal under Armed Forces Act and not under Article 226 of the Constitution.

4. Accordingly, the present petition stands disposed off, reserving liberty to the petitioner to approach Armed Forces Tribunal. Armed Forces Tribunal is hereby directed to take note of Section 14 of the Limitation Act for the purpose of condonation of delay in presenting application/petition.

(P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date 26.01.2022 Transmission Date