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High Court for State of TelanganaWP/37479/2015dismissed no costs

K.Kiran Kumar S/O Krishna Murthy, v. The Secretary,

2015-11-18P Naveen Rao3 pages

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION Nos. 13833 & 37479 OF 2015 COMMON ORDER:

Petitioners are un-employees and seeking employment in the Government Service in the States of Andhra Pradesh and Telangana, particularly, to the post of Assistant Motor Vehicles Inspector. The grievance of the petitioners relates to the manner in which the evaluation of answer scripts was conducted. They seek for a direction to the respondents to conduct a fresh evaluation, by taking into consideration the objections filed by the candidates, if necessary, duly constituting an Expert Body/Committee.

2. It appears that the petitioners are under the impression that since earlier writ petitions were filed in this Court and certain directions were given regarding recruitment to the post of Assistant Motor Vehicles Inspector which issue is now pending before the Supreme Court, the writ petitions can be directly filed without invoking the jurisdiction of A.P. Administrative Tribunal. The issue raised in the said writ petitions is entirely different from the cause now urged in the present writ petitions. The petitioners have not invoked the jurisdiction of the A.P. Administrative Tribunal, but directly filed the present writ petitions.

3. The facts of the case clearly show that the grievance of the petitioners is concerning recruitment to State service and other conditions of service. The jurisdiction to adjudicate service matters concerning State Government service vests in the A.P. Administrative Tribunal constituted under the Administrative Tribunals Act, 1985. As held by the Supreme Court in L.Chandra Kumar Vs. Union of India, the A.P. Administrative Tribunal is the Court of first instance to deal with any grievance relating to the recruitment to Government service. Therefore, the petitioners have to avail the remedy of approaching the A.P. Administrative Tribunal, in the first instance.

4. Accordingly, the Writ Petitions are dismissed, giving liberty to the petitioners to avail the remedy as available under the Administrative Tribunals Act, 1985. There shall be no order as to costs.

Consequently, miscellaneous petitions, if any, pending in the writ petitions shall stand dismissed.

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P. NAVEEN RAO, J 18th November, 2015 cbs THE HON'BLE SRI JUSTICE P. NAVEEN RAO

WRIT PETITION Nos. 13833 & 37479 OF 2015 19th November, 2015 cbs