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IN THE HIGH COURT OF DELHI
Jyoti Singh, J.
Adeeba Asrar (Dr.) - Appellant
Versus
All India Institute of Medical Science, New Delhi - Respondent
W.P. (C) 9502 of 2022
Decided On : 13-06-2022
JUDGMENT
Jyoti Singh, J. (ORAL)
C.M. APPL. 28361/2022(exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
W.P. (C) 9502/2022
3. Present writ petition has been preferred on behalf of the Petitioner seeking quashing of the Advertisement No. F.07/2022-Acad.I dated 03.06.2022, for recruitment of Junior Resident (Non ACAD.) for Session commencing in July, 2022, issued by Respondent No.1/AIIMS.
4. Mr. V.S.R. Krishna, learned counsel appearing on behalf of Respondent No.1 takes a preliminary objection to the maintainability of the present petition on the ground that the Petitioner is amenable to the jurisdiction of the Central Administrative Tribunal.
5. In view of Section 14 read with Section 3(o) of the Administrative Tribunals Act, 1985 and in view of the judgment of the Constitution Bench in L. Chandra Kumar v. Union of India, (1997) 3 SCC 261, this Court has no jurisdiction to entertain the present petition and the remedy of the Petitioner lies in approaching the Central Administrative Tribunal.
6. Accordingly, the present writ petition is disposed of as not maintainable, granting liberty to the Petitioner to approach the Central Administrative Tribunal, if so advised.
Writ petitions concerning matters under the jurisdiction of administrative tribunals, such as recruitment processes, are not maintainable in High Courts, directing petitioners to approach the appropr....
Parties cannot by agreement confer jurisdiction on a court that lacks the jurisdiction to adjudicate the matter; such stipulations are void and against public policy.
The jurisdiction of the Central Administrative Tribunal is determined by statutory provisions, which cannot be overridden by conditions in recruitment advertisements, ensuring citizens' rights to see....
The tribunal lacked jurisdiction to entertain the Original Application as the appointment letter specified that disputes should be addressed in Delhi Courts, excluding other jurisdictions.
A tribunal cannot address the merits of a case if it lacks jurisdiction, rendering such orders void.
The main legal point established in the judgment is that the unavailability of the Central Administrative Tribunal at the time of filing a writ petition may justify the court's decision to entertain ....
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