Court No. - 5
Case :- WRIT - A No. - 9851 of 2021 Petitioner :- Shrikant Kumar Respondent :- State of U.P. and Another Counsel for Petitioner :- Vinod Kumar Yadav Counsel for Respondent :- Rajnish Kumar Rai Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and Sri Rajnish Kumar Rai, learned counsel for the respondents.
The petitioner by means of the present writ petition has prayed for the following reliefs:-
"(a). Issue a writ, order or direction in the nature of mandamus commanding the respondent No.2 to allow the petitioner to appear before respondent No.2 for the documents verification and medical test for the post of level-1 and further respondent No.2 may also be directed to complete the documents verification and medical test of the petitioner in respect to post of level-1 in accordance with law.
(b). Issue a writ, order or direction in nature of mandamus commanding the respondents to consider and decide the application filed by the petitioner in accordance with law.
(c). Issue any other, writ, order or direction, which this Hon'ble Court may deem fit and proper in the circumstances of the case.
(d). Award the costs of the writ petition to the petitioner."
The petitioner has claimed appointment pursuant to an advertisement issued by Railway Recruitment Board-1 North Central Railway, Allahabad.
A preliminary objection has been raised by Sri Rajnish Kumar Rai, learned counsel for the respondents that Indian Railway is notified department under Central Administrative Tribunal and therefore, petitioner has statutory alternative remedy of filing Original Application under Section 19 of the Administrative Tribunals Act, 1985 before the Central Administrative Tribunal.
Since, petitioner has alternative remedy of filing Original Application before Central Administrative Tribunal, therefore, present writ petition is not maintainable before this Court.
Accordingly, writ petition is dismissed on the ground of alternative remedy.
Order Date :- 19.8.2021/Sattyarth