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IN THE HIGH COURT OF DELHI
Rajiv Sahai Endlaw, Amit Bansal, JJ.
Rajendra Prasad Sharma - Appellant
Versus
Union Public Service Commission - Respondent
LPA 348 of 2020 CM Appl. 29464 of 2020 (for interim relief) & CM Appl. 29466 of 2020 (for taking additional documents on record) and LPA 360 of 2020
Decided On : 08-03-2021




The High Court may exercise jurisdiction under Article 226 despite alternative remedies when natural justice is violated or extraordinary circumstances exist, emphasizing procedural integrity in public service appointments.

Headnote:(A) Article 226 of the Constitution of India - Administrative Tribunals Act, 1985 - Jurisdiction of High Court - The maintainability of the writ petition was affirmed despite jurisdictional objections based on tribunal exclusivity, focusing on principles of natural justice and extraordinary circumstances arising from procedural delays. Judicial discretion was upheld in light of pandemic disruptions affecting tribunal operations. (Paras 4, 10, 18, 20)

(B) Specificity of jurisdiction - High Court retains jurisdiction even when an alternative remedy is available, particularly when substantial justice may not be achieved if relegated to the tribunal. The procedural integrity of selection processes for public service appointments was emphasized. (Paras 17, 19, 22)

Facts of the case:
Challenges were raised by Non-State Civil Service officers regarding cancellations of interviews for IAS appointments amid procedural issues and contentions regarding maintainability of the writ application. (Para 4)

Findings of Court:
The Court found sufficient grounds to maintain jurisdiction under Article 226 due to the failure of the relevant tribunal to convene and the impact of the pandemic on judicial proceedings, allowing for the writ petitions to be entertained. (Paras 11, 19)

Issues: The main issues pertained to the questions of maintainability of the writ petition, territorial jurisdiction, and the implications of alternative dispute resolution avenues. (Paras 10, 20)

Ratio Decidendi: The Court ruled that the jurisdiction of the High Court is not barred by alternative remedies in exceptional circumstances, particularly when there is a violation of natural justice or significant procedural delays, reaffirming judicial precedence on these matters. (Paras 15, 18)

Result: Appeals dismissed.

Table of Content
1. appeals concerning writ petition maintainability. (Para 1 , 2)
2. writ petition filed by eligible ias candidates. (Para 4 , 5)
3. exclusive jurisdiction of cat over certain matters. (Para 8 , 10 , 12)
4. high court’s discretion to hear petitions despite alternative remedies. (Para 13 , 19)
5. territorial jurisdiction in writ petitions. (Para 20 , 21 , 22 , 24)
6. final dismissal of appeals. (Para 25)

JUDGMENT

[VIA VIDEO CONFERENCING]

Rajiv Sahai Endlaw, J. Both appeals impugn the order dated 9th October, 2020 in W.P.(C) No.3509/2020, deciding the question of maintainability of the writ petition and of this Court having territorial jurisdiction to entertain the writ petition.

2. The appeals were entertained and the hearing on merits of W.P.(C) No.3509/2020 before the Single Judge deferred till the decision of these appeals.

3. We have heard the counsel for the appellant Union Public Service Commission (UPSC), the senior counsel for the respondent State of Rajasthan, supporting the UPSC, the counsel for the interveners before the Single Judge and who have filed LPA No. 348/2020, the counsel for the Union of India (UOI), also supporting UPSC and the counsel for the original writ petitioners, opposing these appeals.

4. The writ petition, from which these appeals arise, was filed by 20 Non-State Civil Service (Non SCS) officers of the State of Rajasthan, who claim to be eligible for consideration for induction into Indian Administrative Services (IAS) and who had been called for interviews to be held at Delhi. They were aggrieved from the communication dated 31st December, 2019 of UPSC, of the interviews having been cancelled for the reason of Government of India (GOI) having failed to nominate two members on the interview panel. In the writ petition, the reliefs of (i) direction to the GOI to nominate two members for convening the Selection Committee meeting for the purpose of appointment of eligible candidates amongst the petitioners as IAS officers of Rajasthan cadre, for the year 2018; (ii) issuance of directions to UPSC to convene a meeting at the earliest and to intimate to the writ petitioners the revised schedule for interviews to be conducted by the said Selection Committee, for purposes of appointment of eligible candidates amongst the petitioners as IAS officers of Rajasthan cadre of 2018; and, (iii) quashing of the letter dated 31st December, 2019 issued by UPSC of cancellation of interviews, were sought.

5. UPSC, GOI as well as the State of Rajasthan raised objection as to the maintainability of the writ petition as well as on the grounds of territorial jurisdiction of this Court to entertain the writ petition. Application for intervention was also filed by the appellant in LPA No.348/2020, being an officer of Rajasthan State Civil Service/Rajasthan State Administrative Service (SCS), contending that vacancies in excess had been earmarked for Non SCS category, by `carrying forward' and which `carrying forward' was under challenge in O.A. NO.291/138/2020 filed by the said appellant before the Central Administrative Tribunal, Jaipur Bench, Jaipur and which was pending consideration.

6. Vide order dated 28th August, 2020 in LPA No.227/2020, also arising from the aforesaid writ petition and earlier preferred by the intervener, it was directed, that the Single Judge should decide the question of maintainability and territoriality as a preliminary issue.

7. In pursuance thereto, the Single Judge has held the writ petition to be maintainable and this Court to have territorial jurisdiction to entertain the writ petition.

8. The counsel for the UPSC and the senior counsel for the State of Rajasthan have contended that CAT, established under the Administrative Tribunals Act, 1985, has the exclusive jurisdiction to entertain an application in relation to matters covered by Section 14 of the said Act and the jurisdiction of this Court under Article 226 of the Constitution of India is barred. Reliance in thi

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