Teklal Kumar Das S/O Bhuneshwar Ravidas v. The Chairman The Union Public Service Commission And ORS

Digitally signed by RUSHIKESH VISHNU PATIL Date:

2023.12.08 18:46:47 +0530 RUSHIKESH VISHNU PATIL R.V.Patil 1 23 WP.12744.2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12744 OF 2023 Teklal Kumar Das ...

Petitioner.

V/s.

The Chairman The Union Public Service Commission, New Delhi and Ors.

...

Respondents.

.......

Mr. Bhushan Tayade for the Petitioner.

Mr. Niranjan P. Shimpi for Respondent Nos. 3 to 5. .......

CORAM : NITIN JAMDAR, AND MANJUSHA DESHPANDE, JJ.

DATE : 4 December 2023.

P.C. :

On 7 November 2023, the following order was passed: " None appears for the Petitioner.

2. The learned Senior Advocate for Respondent Nos. 3 to 5 seeks time to take instructions.

3. The Petitioner, as the prayers and pleading would show, is desirous of being appointed in the services of the Union. That being so, the Petitioner would have to

R.V.Patil 2 23 WP.12744.2023.doc approach the Central Administrative Tribunal being the Court of first instance as per the constitutional scheme.

4. While we defer the hearing at the request of the learned Senior Advocate for Respondent Nos. 3 to 5 to 4 December 2023, the Petitioner will consider this aspect so as to avoid any further delay."

The learned Counsel for the Petitioner states that an alternate remedy of approaching the Tribunal should not be considered as a bar, for entertaining this Writ Petition. This argument is entirely misconceived. The approach to the Tribunal in service matters against the State is not an alternate remedy but as per the constitutional scheme, it is a Court of first instance. The Writ Petition is accordingly disposed of. If any Original Application is filed, it will be considered on its own merits. (MANJUSHA DESHPANDE, J.) (NITIN JAMDAR, J.)