Jyoti Manral & ORS. v. Government Of NCT Of Delhi

$~A-11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3901/2020 & CM APPL. 13957 & 13959/2020 JYOTI MANRAL & ORS.

..... Petitioners Through:

Mr. Nishit Kush & Ms. Mercy Hussain, Advocates versus GOVERNMENT OF NCT OF DELHI & ANR.

..... Respondents Through:

Ms. Avnish Ahlawat, Standing Counsel with Mr. Nitesh Kumar Singh, Advocates for GNCTD

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 06.07.2020 Hearing has been conducted through Video Conferencing. Present Petition lays a challenge to rejection of candidatures of the petitioners for the post of 'Nursing Officer', in the Health and Family Welfare Department in Government of NCT of Delhi, for which Recruitment was made through Delhi Subordinate Services Selection Board (DSSSB).

The concerned Department, under GNCTD, is notified under the Central Administrative Tribunal Practice Rules, 1993. In view of Section 14

(1) read with Section 3(q) of the Administrative Tribunals Act, 1985, this Court has no jurisdiction to entertain the present Petition. Central Administrative Tribunal will have the jurisdiction to entertain 'service matters', in the first instance, with respect to the Ministries / Departments notified under Rule 154(b) of the Administrative Tribunal Rules of Practice, 1993. This has been clearly held by the Supreme Court in the case of L. Chandra Kumar v. Union of India and Others, [(1997) 3 SCC 261]. It was further held that High Courts will have the power of Judicial Review under

Articles 226 and 227 of the Constitution of India over the orders passed by the Tribunals.

At this stage, Mr. Nishit Kush seeks to withdraw the present Petition, with liberty to approach the Central Administrative Tribunal.

Present

Petition, along with accompanying Application, is accordingly disposed of, granting the liberty, as prayed. JYOTI SINGH, J JULY 06, 2020/rd