Priyanka Kumari v. Staff Selection Commission And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12086 of 2013 ======================================================

1. Priyanka Kumari D/O Baijnath Prasad Gupta Resident Of Mohalla - Meena Bazar Lane, P.O. - Gulzarbagh, District - Patna .... .... Petitioner/s

Versus

1. Staff Selection Commission , Central Region, Allahabad (U.P.) Through Its Regional Director

2. The Regional Director, Staff Selection Commission, Central Region, Allahabad (U.P.)

3. The Deputy Director (Examination), Staff Selection Commission, Central Region, Allahabad (U.P.) .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra, Adv. For the Respondent/s : Mr. Sanjay Kumar, ASG Mr. Ravinder Kumar Sharma, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-01-2016 Heard counsel for the petitioner and the respondents. In the present case, petitioner is raising grievance, he has wrongly been refused to be appointed on the post of Translator, as he belongs to other backward category and the person who is below her has been selected by the Staff Selection Committee without valid reason.

At the very outset, counsel for the Union of India has submitted that the present application is not maintainable as the proper forum is Central Administrative Tribunal constituted under Central Administrative Tribunal Act, 1985, subsequently, amended by Act of 2006. As the claim of the petitioner with

Patna High Court CWJC No.12086 of 2013 (12) dt.06-01-2016 2/2 respect to appointment as Translator will be covered under Section 14 of the Act.

In such view of the matter, petitioner is permitted to withdraw this petition with liberty to approach the Central Administrative Tribunal. It goes without saying that the Central Administrative Tribunal while deciding the issue of limitation will also take into consideration that the present application remained pending before this Court from 27th June 2013 till date. With this observation, this petition is dismissed as withdrawn.

(Shivaji Pandey, J) Jay/- U