Dr. Inamual Haque v. Dept. Of Health And Family Welfare & ORS.

$~A-5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P. (C) 5600/2020 DR. INAMAUL HAQUE ..... Petitioner Through Mr. Anant Ram Mishra, Advocate versus DEPT. OF HEALTH AND FAMILY WELFARE GNCTD AND ORS.

..... Respondents Through Mrs. Avnish Ahlawat, Standing Counsel GNCTD (Services) with Mr. N.K. Singh and Ms. Palak Rohmetra, Advocates Mr. Jitesh Vikram Srivastava, Mr.

Piyush Gaur & Mr. Prajesh V.S., Advocates for UOI/R-3 Mr. Naresh Kaushik, Advocate for R-4 Mr. Sumeet Pushkarna, Standing Counsel DJB with Mr. Devanshu Lahiry, Advocate for R-6

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 25.08.2020 Hearing has been conducted through Video Conferencing. C.M. APPL. 20244/2020 This application has been filed seeking exemption from filing duly affirmed/notarised affidavits. Application is disposed of with a direction to the Applicant to file the same within 72 hours from the date of resumption of regular functioning of the Court.

C.M. APPL. 20245/2020 Exemption allowed, subject to all just exceptions. Application stands disposed of.

W.P. (C) 5600/2020 & C.M. APPL. 20243/2020 1.

Present Petition has been filed by the Petitioner seeking modification in the impugned Advertisement No. 01/2019 issued by Respondent No. 2 on the directions of Respondent No. 1 so as to include the category of Orthopaedic disability/locomotor disability/cerebral palsy with both legs effected persons as well instead of locomotor disability/orthopaedically handicapped/cerebral palsy with One Leg or One Arm effected for eligibility for the posts of GDMO. 2.

The issue raised in the present petition is in the realm of a service matter. Respondents are covered by the provisions of Section 14 (1) of the Administrative Tribunals Act, 1985 and the Notifications thereunder. This Court has no jurisdiction to entertain the present Petition in view of Section 14 (1) of the Administrative Tribunals Act, 1985, and the judgement of the Constitution Bench in the case of L. Chandra Kumar v. Union of India and Others, (1997) 3 SCC 261.

3.

At this stage Mr. Anant Ram Mishra learned counsel for the Petitioner seeks to withdraw the present Petition, with liberty to approach the Central Administrative Tribunal.

4.

Present Petition, along with accompanying Application, is accordingly disposed of, granting the liberty, as prayed. JYOTI SINGH, J AUGUST 25, 2020/rd