Kush Kalra v. Union Of India And ANR.
$~816 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1123/2019 & CM APPL. 5100/2019 KUSH KALRA ..... Petitioner Through:
Ms. Charu Wali Khanna, Adv.
versus UNION OF INDIA AND ANR.
..... Respondents Through:
Mr. Ruchir Mishra & Mr. M.K.
Tiwari, Advs. for UOI.
CORAM:
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO
O R D E R
% 04.02.2019 CM APPL. 5100/2019 (exemption) Allowed, subject to just exceptions.
W.P.(C) 1123/2019 1.
Petitioner claiming to be a public spirited person has filed this writ petition in public interest and claims a mandamus to the respondents to allow recruitment of women/females for the post of Constable (Driver), Constable (MT Helper) - Mechanical/Storeman/Electrician/Battery Chargeman/Welder/Painter/Tyreman/Denter, etc. in the Delhi Police. It is stated that only recruiting males to these posts is highly discriminatory and seeking a mandamus, this writ petition has been filed by the petitioner complaining discrimination against women in the matter of recruitment to certain posts in the Delhi Police services.
2.
Recruitment to the Delhi Police service falls within the ambit of recruitment to the Central Service and such recruitment matters are dealt with by the Central Administrative Tribunal constituted under the Administrative Tribunals Act, 1985 and in a service matter pertaining to such a recruitment, a writ petition in public interest directly when the jurisdiction in matters of recruitment are not available to this Court, in our considered view, is not maintainable. That apart, in the matters of recruitment to a service, it is for the aggrieved persons to ventilate their grievance, and therefore at the instance of the petitioner in a Public Interest Litigation, we are not inclined to go into such issues. 3.
The petition stands dismissed with liberty to aggrieved persons, if any, to challenge the action in accordance with law before an appropriate court or forum.
CHIEF JUSTICE V. KAMESWAR RAO, J FEBRUARY 04, 2019 kks