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[Cites 2, Cited by 0]

Rajasthan High Court - Jaipur

Dr. Ravi Prakash Sharma S/O Shri ... vs Director, Csir - Ceeri on 15 January, 2020

Author: Pankaj Bhandari

Bench: Pankaj Bhandari

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 21542/2018
Dr. Ravi Prakash Sharma S/o Shri Girdhari Lal Sharma, Aged
About 42 Years, R/o Ward No. 25, Behind Shyam Mandir, Pilani,
District- Jhunjhunu (Rajasthan)
                                                                   ----Petitioner
                                   Versus
1.     Director, Csir - Ceeri, Pilani (Rajasthan) - 333031.
2.     Screening Committee For Advt. No. 03/2017, Through Its
       Chairman Csir - Ceeri, Pilani (Rajasthan) - 333031.
3.     Head, Csir - Rab, Csir Complex, Library Avenue, Pusa,
       New Delhi. Pin 110012
4.     Dg-Csir, Anusandhan Bhawan, 2 - Rafi Marg, New Delhi -
       110001
                                                                ----Respondents
For Petitioner(s)        :     Petitioner in person
For Respondent(s)        :     Mr. Krishna Verma


          HON'BLE MR. JUSTICE PANKAJ BHANDARI
                          Order

15/01/2020

1. The matter comes up on application filed by the respondent No.1 for dismissing the Writ Petition being barred in view of the statutory provision under the Administrative Tribunals Act, 1985.

2. It is contended by counsel for the respondent No.1-applicant that Council of Scientific & Industrial Research (CSIR) falls within the purview of the Central Administrative Tribunal in view of the notification issued by the Government of India, copy of which has been annexed with the application as Annexure-1.

3. It is contended that as per Section 14 of the Administrative Tribunals Act, 1985, Central Administrative Tribunal is to exercise all the jurisdiction, powers and authority exercisable by all Courts (Downloaded on 22/01/2020 at 09:13:20 PM) (2 of 2) [CW-21542/2018] (except Supreme Court) in relation to 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.

4. It is contended that since CSIR has been notified and the petitioner had earlier also filed a Petition before Central Civil Service Appellate Tribunal in relation to the earlier recruitment notification. The present Writ Petition is not maintainable as petitioner had alternative remedy available and the jurisdiction of this Court is barred by the Act.

5. Petitioner is present in person. It is submitted by him that petitioner had earlier preferred Original Application No.291/745/2015 before Central Administrative Tribunal, Jaipur Bench Jaipur wherein respondents were directed to take a decision over his representation and pass a speaking order.

6. In view of the fact that Central Administrative Tribunal has jurisdiction to deal with the matters pertaining to 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. The application filed by the respondent No.1 is allowed and the Writ Petition is dismissed. Stay application and other pending interim applications stand disposed of.

7. Petitioner is free to approach the Central Administrative Tribunal.

(PANKAJ BHANDARI),J Simple Kumawat /121 (Downloaded on 22/01/2020 at 09:13:20 PM) Powered by TCPDF (www.tcpdf.org)