Shrimati Sarla Shivaji Hazare v. National Defence Academy And ORS

*1* 7.wp3696.15.doc sbw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3696 OF 2015 Shrimati Sarla Shivaji Hazare ..Petitioner

Versus

National Defence Academy & Ors.

..Respondents ...........

Ms. Bhagashri P. Jakhade for the Petitioner.

Ms. S. V. Bharucha a/w Mr. Arun Kumar Roy for Respondent Nos.2 to 4. ...........

CORAM: MOHIT S. SHAH, C. J. & A. K. MENON, J.

DATE : 20 JULY 2015.

P.C.:

Ms. Bharucha, the learned counsel for respondent nos.2 to 4 states that since the National Defence Academy is a part of the Defence Ministry of the Government of India and the petitioner is a civilian, the writ petition would not lie before this Court and that the petitioner will have to approach the Central Administrative Tribunal at Mumbai.

In view of the above, this writ petition is dismissed as not maintainable but the petitioner is granted liberty to move the Central Administrative Tribunal.

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*2* 7.wp3696.15.doc In case the petitioner who is a person with disability, files an original application before the Central Administrative Tribunal within four weeks from today, the respondents shall not raise any objection on the ground of limitation, and the Tribunal shall decide the matter on merits.

CHIEF JUSTICE (A. K. MENON, J.) wadhwa 2/2