Sri. K V Rama Krishna, v. The Bharat Sanchar Nigam Limited,
THE HON'BLE SRI JUSTICE SANJAY KUMAR AND THE HON'BLE SRI JUSTICE M. SEETHARAMA MURTI WRIT PETITION No.23506 of 2016 ORDER: (per Hon'ble Sri Justice Sanjay Kumar) The prayer of the petitioner/party-in-person is as under: "For the reasons stated above, the petitioner herein prays that the Hon'ble Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of certiorari, to set-aside the impugned declaration of result of Limited Departmental Competitive Examination, dated 21.05.2016, unlike the well established mathematical nicety of minimum fifty-fifty pass marks, done earlier in LDCE 2007 and 2012(suppressing the conclusively proved grave discrepancies in paper-1, not solved the 'Problem' in the operative portion of judgement dated 21.5.
2013 of Central Administrative Tribunal, Principal Bench, New Delhi, flagrant disregard of procedure u/s 22 of Administrative Tribunals Act, 1985), thus carry forwarding the left over vacancies, and now drawing the list successful candidates by class legislating with arbitrary standard as 'general standards' is illegal, arbitrary and violative of Articles 14 and Article 16 of the Constitution of India and direct the 1st Respondent , to add one mark to all in the grave discrepancies pointed in OA 793/2012(Hyderabad Bench) of LDCE-2012 , as they are estopped from reiterating in its original stand, as the admissions in discrepancies is conclusively proved, and fact of presence of grave discrepancies and wilful suppression been conclusively proved, and pass order or orders as this Hon'ble Court deemed fit and proper interest of justice."
Perusal of the affidavit reflects that the petitioner/party-in-person did not even approach the Administrative Tribunal in relation to his present grievance which centres around the Limited Departmental Competitive Examination, held in June, 2015, the result of which was declared on 21.05.2016. It appears that the petitioner/party-in-person earlier approached the Central Administrative Tribunal, Hyderabad Bench, in O.A.No.793 of 2012 in relation to the examination held in the year 2012.
In the light of the law laid down in L. Chandra Kumar v. Union of India[1], it is not open to the petitioner/party-in-person to approach
this Court in the first instance. He would necessarily have to go before the Administrative Tribunal concerned constituted under the Administrative Tribunals Act, 1985.
The writ petition is accordingly dismissed on this short ground leaving it open to the petitioner/party-in-person to seek redressal of his lawful grievance, if any, before the appropriate Tribunal in accordance with law.
Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.
__________________________ SANJAY KUMAR, J ___________________________ M. SEETHARAMA MURTI, J Date:22.07.2016 GJ [1] (1997) 3 SCC 261