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High Court Declares Recruitment Challenge Beyond Its Jurisdiction: Directs Petitioner's Case to Central Administrative Tribunal

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the High Court of Delhi, led by Hon'ble Mr. Justice Tushar Rao Gedela, declared that challenges against recruitment processes under the jurisdiction of the Central Government or Delhi Government fall outside the ambit of the High Court. This declaration came during the judgment on the writ petition W.P.(C) 802/2024 filed by Pinky Yadav against the Government of NCT of Delhi.

Justice Gedela, in his oral judgment, stated, "This Court is of the considered opinion that the present writ petition would not be maintainable as such before this Court." This observation was made in reference to Section 14 of the Administrative Tribunal Act, 1965, which precludes High Courts from hearing challenges that pertain to recruitment processes of the Central or Delhi Government.

The petitioner, represented by Ms. Shriya Chanda, argued that she had cleared Tier-I and Tier-II examinations but missed the deadline for a renotified examination. This renotification was in compliance with a Supreme Court order dated March 3, 2021. Acknowledging the petitioner's unique predicament, the Court decided to transfer the case to the Central Administrative Tribunal, New Delhi.

The High Court directed that the writ petition be renumbered as an original application in accordance with the regulations of the Central Administrative Tribunal. Furthermore, in an attempt to expedite the proceedings, the Court requested the Tribunal to consider the petition on January 23, 2024.

 Decision: 19 January 2024

PINKY YADAV VS GOVT. OF NCT OF DELHI AND ANR

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