Delhi High Court - Orders
Priyanka Agarwal vs Union Of India And Ors on 19 September, 2022
Author: Rekha Palli
Bench: Rekha Palli
$~50
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13539/2022, CM APPL. 41224/2022 -Ex.,CM APPL.
41223/2022 -Int. relief.,CM APPL. 41225/2022 -Stay.
PRIYANKA AGARWAL ..... Petitioner
Through: Mr.Nagmani Roy, Adv.
versus
UNION OF INDIA AND ORS. ..... Respondent
Through: Mr.Bharathi Raju, Adv for R-1.
Mr.Naresh Kaushik, Adv.
Mr.Hardik Bedi, G.P. for UOI.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 19.09.2022
1. The petitioner has approached this Court seeking the following reliefs:-
"i] issue a Writ of Mandamus thereby directing the Respondents to resume their duty towards the petitioner and to allow her candidature to the said interview/examination scheduled to be held on 22/09/2022 under the supervision of the Hon'ble Court itself; ii] direct the respondents to pay a sum of Rs. 10 lacs to the petitioner for their arbitrariness which cause acute mental agony due to the discrimination exercised by the respondents to the irreparable loss and injury of the petitioner;
iii] award the costs of the petition to the petitioner against the respondents:"
2. At the outset, it has been put to the learned counsel for the petitioner as to how the present writ petition would be maintainable before this Court in the light of the alternative efficacious remedy available to the Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:19.09.2022 15:58:01 petitioner to approach the learned Central Administrative Tribunal under the Administrative Tribunals Act.
3. After some arguments, he prays that keeping in view the fact that the petitioner is seeking interim relief to appear in the interview, which is scheduled to be held on 22.09.2022, the present petition may be transferred to the learned Central Administrative Tribunal. At request of the learned counsel for the petitioner, the present petition is transferred to the learned Central Administrative Tribunal, Principal Bench with a request to the learned Tribunal to take up the petition for consideration on 21.09.2022.
4. It is, however, made clear that this Court has not expressed any opinion on the merits of the petitioner's claim and, therefore, it will be open for the learned Tribunal to consider the matter on its own merits including the petitioner's prayer for interim relief.
5. The Registry is directed to ensure that the file of the present petition is transferred to the learned Tribunal today itself.
REKHA PALLI, J SEPTEMBER 19, 2022 sr Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:19.09.2022 15:58:01