Sheetal v. Union Of India And ANR

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10534/2024 SHEETAL .....Petitioner Through:

Mr. Vikesh Rathi and Mr. Ankit Sharma, Advocates versus UNION OF INDIA AND ANR .....Respondents Through:

Mr. Neeraj, Senior Panel Counsel with Mr. Rudra Paliwal, Government Pleader, Mr. Vedansh Anand, Mr. Mahesh Kumar Rathore and Ms. Vidhi Jindal, Advocates for R-1 and 2.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 31.07.2024 CM APPL. 43306/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

W.P.(C) 10534/2024 3.

This writ petition has been preferred on behalf of the Petitioner under Articles 226 and 227 of the Constitution of India seeking the following reliefs:

"i. Provide the copy of the Skill Test for the post 0601/ Administrative Assistant "A" (English Typing) to the petitioner. ii. Reasons for not qualifying the petitioner in the Skill Test for the post 0601/ Administrative Assistant "A" (English Typing). iii. To provide the total number of the Sheets typed by the petitioner in the Skill Test for the post 0601/ Administrative Assistant "A" (English Typing)."

W.P.(C) 10534/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/08/2024 at 12:26:45

4.

The issues raised and the reliefs sought in the present writ petition are in the nature of service matter disputes and the Respondents against whom the reliefs are sought are Union of India through Secretary, Ministry of Defence and DRDO. Thus, by virtue of Section 14 of the Administrative Tribunals Act, 1985 and in view of the binding dictum of the Supreme Court in the Constitution Bench judgment in L. Chandra Kumar v. Union of India and Others, (1997) 3 SCC 261, the Central Administrative Tribunal shall have the jurisdiction to adjudicate upon the disputes as a Court of first instance.

5.

At this stage, learned counsel for the Petitioner, on instructions, seeks to withdraw the petition with liberty to approach the Central Administrative Tribunal.

6.

Petition is accordingly disposed of as withdrawn, with liberty as prayed for, in accordance with law.

JYOTI SINGH, J JULY 31, 2024/kks/shivam W.P.(C) 10534/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/08/2024 at 12:26:45