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Delhi High Court - Orders

Parul Yadav vs Union Of India & Anr on 10 October, 2022

Author: Rekha Palli

Bench: Rekha Palli

                          $~46
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    W.P.(C) 14307/2022
                               PARUL YADAV                                 ..... Petitioner
                                                Through: Ms.Preeti Singh & Ms.Rachna, Advs.

                                                    versus

                                 UNION OF INDIA & ANR.                      ..... Respondents
                                               Through: Ms.Monika Arora, CGSC with
                                               Mr.Yash Tyagi & Mr.Shivam Raghuvanshi, Advs.
                                               Mr.Naresh Kaushik, Adv. for R-2

                                 CORAM:
                                 HON'BLE MS. JUSTICE REKHA PALLI
                                               ORDER
                          %                    10.10.2022
                          CM APPL. 43671/2022

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

W.P.(C) 14307/2022 & CM APPL. 43672/2022 (directions)

3. The petitioner has approached this Court seeking the following reliefs:-

"a. To direct the respondent authorities to consider the representations of the petitioner and thereby her candidature in the general category and accordingly grant her the posting and relevant training as per her marks and All India Rank;
b. In the alternative, direct the respondent authorities to grant reasonable and sufficient opportunities of being heard to the petitioner;"

4. At the outset, the petition is opposed by the learned counsel for the respondent no.2 on the ground of maintainability on account of the Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:11.10.2022 11:48:46 petitioner having an alternate efficacious remedy under the Administrative Tribunals Act to approach the learned Central Administrative Tribunal.

5. In the light of these objections taken by the learned counsel for the respondent, learned counsel for the petitioner seeks leave to withdraw the present petition with liberty to approach the learned Tribunal.

6. The petition is, accordingly, disposed of with liberty as prayed for.

7. Needless to state this Court has not expressed any opinion on the merits of the petitioner's claim and therefore, it will be open for the petitioner to raise all grounds including the grounds raised in the present petition before the learned Tribunal.

REKHA PALLI, J OCTOBER 10, 2022 kk Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:11.10.2022 11:48:46