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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
Important Points
Subject
Administrative Law - Jurisdiction of Administrative Tribunals
Headnote
Facts of the case:
The petitioner sought quashing of an advertisement for recruitment of Junior Resident issued by AIIMS and faced a preliminary objection on maintainability based on statutory jurisdiction.
Findings of Court:
The Court concluded that it has no jurisdiction to entertain the petition and recommended that the petitioner approach the Central Administrative Tribunal instead.
Issues: The primary issue addressed was the maintainability of the writ petition concerning the jurisdiction of the Central Administrative Tribunal.
Ratio Decidendi: The court emphasized that based on section 14 of the Administrative Tribunals Act, it cannot entertain petitions that fall under the purview of administrative tribunals, referring to the precedent set in L. Chandra Kumar v. Union of India.
Result: Petition disposed of as not maintainable.
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.
