Heard learned counsel for the petitioner and Sri S.B. Pandey, learned Senior Advocate - A.S.G., assisted by Sri Varun Pandey, learned counsel for the respondents.
The present writ petition has been preferred for issuing direction to the opposite party No.2 to consider the candidature of the petitioner in respect of the recruitment on the post of constable in Assam Rifles in U.P. Cadre, among unreserved category candidates and also for considering the candidature of the petitioner in respect of recruitment on the post of constable in regard of the 524 vacant posts, earlier reserved for Ex-servicemen, in light of the provision provided in Note-II, appended with Item No.2 of the advertisement dated 21.07.2018.
Learned counsel for the respondents has raised a preliminary objection regarding maintainability of the present writ petition as the petitioner has efficacious alternative statutory remedy under Section 14(1)(a) of the Administrative Tribunals Act, 1985, which is quoted hereinbeow:
14. Jurisdiction, powers and authority of the Central Administrative Tribunal.?(1) Save as otherwise expressly provided in this Act, the Central Administrative Tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all courts (except the Supreme Court 39 [***] in relation to?
(a) recruitment, and matters concerning recruitment, to any All-India Service or to any civil service of the Union or a civil post under the Union or to a post connected with defence or in the defence services, being, in either case, a post filled by a civilian;
The petitioner has efficacious alternative statutory remedy under Section Section 14(1)(a) of the Administrative Tribunals Act, 1985. Hence, the present writ petition is dismissed on the ground of availability of the alternative statutory remedy with liberty to the petitioner to approach the Tribunal.
Order Date :- 12.5.2021 S. Kumar