Court No. - 5
Case :- WRIT - A No. - 12711 of 2021 Petitioner :- Amit Kumar Jaiswal Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Sanjai Kumar Pandey,Jagannath Gupta Counsel for Respondent :- A.S.G.I.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and Sri O.P. Gupta, learned A.S.G.I. for respondents.
Petitioner has prayed for writ of Mandamus directing the respondent-authorities to consider and provide the post preference from option in the examination conducted by Staff Selection Commission Combined Graduate Level Examination- 2019 extent to claim of the petitioner in view of the government order dated 04.01.2021 as he is both arm effected candidate and provide the post to the petitioner as eligible according to his merit.
Learned A.S.G.I. has raised preliminary objection that this writ petition is not maintainable as remedy is available to the petitioner that he may approach the Central Administrative Tribunal at the first instance in view of judgment of the Hon'ble Supreme Court in the Case of L.Chandra Kumar Vs/ Union of India and others reported in 1997 (3) SCC 261.
In view of above, the writ petition is dismissed with liberty to the petitioner to approach the Central Administrative Tribunal.
Order Date :- 23.9.2021 Mohit