Telangana High Court
WP/29203/2009 of Natha Tata Babu Vs The Secretary, Department of Legal Affairs, on 31 December 2009
Ms. JUSTICE G. ROHINI WRIT PETITION No.29203 OF 2009 Dated: 31.12.2009 Between: Natha Tata Babu … petitioner And 1. The Secretary, Department of Legal Affairs, Ministry of Law & Justice, Sastry Bhavan, New Delhi., and another. … Respondents THE HON’BLE Ms.
THE HON’BLE Ms. JUSTICE G. ROHINI
WRIT PETITION No.29203 OF 2009
Dated:31.12.2009
Between:
Natha Tata Babu … petitioner
And
1. The Secretary, Department of Legal Affairs, Ministry of Law & Justice, Sastry Bhavan,New Delhi., and another. … Respondents
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ORDER:
THE HON’BLE Ms. JUSTICE G. ROHINIWRIT PETITION No.29203 OF 2009
This writ petition is filed with the following prayer :
“… … … this Hon’ble Court may be pleased to issuean appropriate writ, order or direction more particularlyone in the nature of Writ of Mandamus declaring theaction of the 2[nd] respondent in issuing IIAdvertisement as “Corrigenda” dated 11.10.2008calling posts one B.C. and Four for OC without one SCpost under Grade-III, as illegal, arbitrary and violative of principles of natural justice consequently direct the2[nd] respondent to conduct the interview as per IAdvertisement dated 14.07.2007 in (ReferenceNumber F1/195/2006-R-II) Six Deputy GovernmentCounsels (Grade-III of Indian Legal Service) in theDepartment of Legal Affairs, Ministry of Law & Justice& Indian Legal Service and pass such other order ororders as this Hon’ble Court may deem fit and properin the circumstances of the case.”
Apparently, the dispute raised relates to civil service of theGovernment of India and therefore it is not open to the petitioner tostraightaway invoke the jurisdiction of this Court under Article 226 of the Constitution of India. As per the provisions of the Administrative Tribunals Act, 1985, even the dispute relating to the stage ofrecruitment is within the jurisdiction of the Administrative Tribunals. Hence, if aggrieved, it is for the petitioner to approach the Tribunalconstituted under the Administrative Tribunals Act, 1985 at the firstinstance.
Accordingly, granting leave and liberty to the petitioner to availthe appropriate remedy, the Writ Petition is dismissed as notmaintainable. No costs.
____________G. ROHINI, J.
Dt. 31.12.2009 gbs