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2014 Supreme(Del) 3315

DELHI HIGH COURT
Hima Kohli, J.
Sonia - Appellant
Versus
Delhi State Subordinate Service Selection Board & Anr. - Resopndent
W.P.(C) 9433/2014 & CM No. 21306/2014
Decided On : 24-12-2014

Advocates:
For the Petitioner:Mr. Amit Sharma, Advocate with petitioner in person.
For the Respondents:Ms. Sana Ansari, proxy counsel for Ms. Zubeda Begum, Advocate.

Maintainability of the petition and the right of the petitioner to seek relief before the appropriate forum.

Headnote:

Maintainability - Urgent Listing - Dismissal of Petition

Fact of the Case:

The petition was listed on an urgent basis, but the Registry raised an objection regarding its maintainability, suggesting that the relief sought should be pursued before the Central Administrative Tribunal.

Finding of the Court:

The court granted leave for withdrawal of the petition, allowing the petitioner to seek the relief before the Tribunal. Consequently, the writ petition was dismissed as withdrawn.

Issues: Maintainability of the petition and the petitioner's right to seek relief before the appropriate forum.

Ratio Decidendi: The court's decision was influenced by the objection raised by the Registry regarding the maintainability of the petition and the petitioner's willingness to pursue the relief before the Tribunal.

Final Decision: The court granted leave for withdrawal and dismissed the writ petition as withdrawn.

JUDGMENT :

Hima Kohli, J.:--

1. The present petition has been listed on urgent basis, subject to an office objection raised by the Registry with regard to its maintainability with an observation that the petitioner’s relief lies before the Central Administrative Tribunal.

2. Counsel for the petitioner states that he may be permitted to withdraw the present petition, while reserving the right of the petitioner to seek the relief, as prayed for in this petition, before the Tribunal.

3. Leave, as prayed for, is granted. The writ petition is dismissed as withdrawn, along with the pending application.


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