Shubham Kumar v. Staff Selection Commission Through The Chairman & ANR.
$~158 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13303/2024 SHUBHAM KUMAR .....Petitioner Through:
Mr.
Ravindra Kumar Singh, Advocate.
versus STAFF SELECTION COMMISSION THROUGH THE CHAIRMAN & ANR.
.....Respondents Through:
Ms. Archana Sharma, SPC for Respondents/SSC.
Ms. Arpita Rawat, Government Pleader, for Respondent/UOI.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R
% 23.09.2024 CM APPL. 55549/2024 1.
Exemption allowed, subject to all just exceptions. 2.
Application stands disposed of.
W.P.(C) 13303/2024 and CM APPL. 55548/2024 3.
This writ petition has been filed by the Petitioner under Article 226 of the Constitution of India seeking the following reliefs against the Staff Selection Commission:
"a) Direct the Respondents for re examination of the Petitioner in conducive environment for the post code NR 16323 in the interest of justice;
b) Direct the Respondents for reserving the seat for the Petitioner for the specified post having post code NR 16323 herein in case of declaration of result during pendency of this Petition."
W.P.(C) 13303/2024 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 01/10/2024 at 11:36:12
4.
The remedy, as is evident, clearly lies before the Central Administrative Tribunal (Tribunal) as the issue raised in the present petition relates to matter concerning recruitment under Section 14 of the Administrative Tribunals Act, 1985. In view of the judgment of the Constitution Bench of the Supreme Court in L. Chandra Kumar v. Union of India and Others, (1997) 3 SCC 261, the Tribunal will be the only Court of first instance to adjudicate the grievances raised by the Petitioner. 5.
Accordingly, this writ petition is dismissed with liberty to the Petitioner to approach the Tribunal in accordance with law. Pending application also stands disposed of.
JYOTI SINGH, J SEPTEMBER 23, 2024 B.S. Rohella W.P.(C) 13303/2024 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 01/10/2024 at 11:36:12