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Madras High CourtWP/14143/2018dismissed

D.Sivaranjani, v. The Government Of India

2019-06-10Honourable Mr Justice V. Parthiban3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:10.06.2019 Coram The Hon'ble Mr. Justice V.PARTHIBAN W.P.No.14143 of 2018 and W.M.P.No.16711 of 2018 D.Sivaranjani ..Petitioner vs.

1.Government of Tamil Nadu, rep.by its Secretary to Government, Ministry of Youth Affairs and sports, New Delhi.

2.The Director General, Nehru Yuva Kendra Sangathan, Core 4, 2nd Floor, Scope Minar, Lakshmi Nagar, District Center, Lakshmi Nagar, Delhi - 110 092.

3.The Zonal Director, Nehru Yuva Kendra Sangathan, 71, 2nd Main Road, VGP Layout, Part - III, Palawakkam, Chennai - 41.

4.Rajesh Singh, 5.K.Ganesan ..Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus, directing the respondents 1 to 3 to appoint the petitioner in the post of Accounts Clerk cum Typist (ACT) in Nehru Yuva Kendra Sangathan (NYKS) pursuant to the marks obtained in the written examination and typing test conducted on 09.04.2017. For Petitioner .. Mr.N.Manokaran

For Respondents .. Mr.G.Baskaran, CGSC for R1 Mr.M.Kishore Kumar, SPC for R2& R3

ORDER

The present writ petition is filed seeking a direction to the respondents 1 to 3 to appoint the petitioner in the post of Accounts Clerk cum Typist (ACT) in Nehru Yuva Kendra Sangathan (NYKS).

2.When the matter was taken up for hearing, it is represented on behalf of the respondents that the writ petition is not maintainable before this Court under Article 226 of the Constitution of India, since Nehru Yuva Kendra Sangathan (NYKS) is notified under the provisions of Administrative Tribunals Act and the Central Administrative Tribunal alone has jurisdiction to try the issue.

3. In view of the submission made on behalf of the respondents, this Court finds that the writ petition is not maintainable before this Court. It is open to the writ petitioner to pursue her remedy before the appropriate forum and redress her grievance as projected in the present writ petition.

4. Accordingly, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar pns/msk To 1.The Secretary to Government, Government of Tamil Nadu, Ministry of Youth Affairs and sports, New Delhi.

2.The Director General, Nehru Yuva Kendra Sangathan, Core 4, 2nd Floor, Scope Minar, Lakshmi Nagar, District Center, Lakshmi Nagar, Delhi - 110 092.

3.The Zonal Director, Nehru Yuva Kendra Sangathan, 71, 2nd Main Road, VGP Layout, Part - III, Palawakkam, Chennai - 41.

+1cc to Mr. M.Kishore Kumar, Advocate SR.No. 46681 +1cc to Mr.N.Manokaran , Advocate SR.No. 46615 +1cc to Mr.G.Baskaran , Advocate SR.No. 45957 W.P.No.14143 of 2018 vba (CO) A.SK(08/07/2019)