Central Administrative Tribunal - Delhi
Ashish Deep Verma vs Union Of India on 3 May, 2012
Central Administrative Tribunal Principal Bench OA No.1480/2012 New Delhi, this the 3rd day of May, 2012 Honble Mr. Justice S. C. Sharma, Acting Chairman Honble Dr. Ramesh Chandra Panda, Member (A) Ashish Deep Verma Aged about 27 years, S/o Sh. Deepak Verma R/o M-4/32, Top Floor, Model Town-3, New Delhi 110 009. . Applicant. (By Advocate : Sh. Anurag Abhishek with Sh. Deepa Sinha) Versus 1. Union of India Through Secretary Ministry of Personnel & Training, Ministry of Human Resource, New Delhi 110 001. 2. Union Public Service Commission Ministry of Personnel & Training, Dholpur House, Shahjahan Road, New Delhi 110 001. Respondents. (By Advocate : Shri S. P. Mitra for Ms. Jasmine Ahmed) : O R D E R (ORAL) : Justice S. C. Sharma, Acting Chairman :
We have heard Shri Anurag Abhishek with Sh. Deepa Sinha, Advocates for applicant and perused the relief sought for by the applicant in the OA. The following reliefs have been prayed:-
(i) To direct the Respondents to set aside the present pattern of evaluation in the preliminary examination;
(ii) To direct the Respondents to re-introduce the scaling system of evaluation at the preliminary stage of examination;
(iii) Pass any other order or direction which this Honble Tribunal thinks fit and proper in the facts and circumstances of the case.
2. It has been stated by the learned advocates for the applicant that the respondents introduced a pattern of preliminary examination and it is faulty, whereas earlier pattern of scaling system was justified and a relief has been prayed to reintroduce the scaling system of evaluation at the stage of preliminary examination. Some advertisement was issued by the UPSC for conducting the Civil Services Examination, 2012, and the applicant also submitted the Application Form for that. Now he is challenging the pattern of examination of evaluation of the preliminary examination and stated that it is faulty. It has been provided under Section 19 of the Administrative Tribunals Act, 1985 that subject to the other provisions of this Act, a person aggrieved for any order pertaining to any matter within the jurisdiction of the Tribunal may make an application to the Tribunal for redressal of his grievance.. A person must be aggrieved by an order for filing the OA. The applicant has not been aggrieved till date from the pattern introduced by the UPSC for evaluation of the preliminary examination. Rather, the applicant has anticipated that this is a faulty system of evaluation of the preliminary examination and a direction has been sought to the UPSC to introduce the scaling system of evaluation at the preliminary stage of examination. As the applicant is not an aggrieved person as provided under Section 19 of the Administrative Tribunals Act, 1985, hence he has no right to approach this Tribunal under Section 19 of the Administrative Tribunals Act, 1985. It may be said that it is a PIL moved for the cause of numerous persons who will appear in the Civil Services Examination and who are going to be affected by the new pattern of evaluation of the preliminary examination introduced by the UPSC and this Tribunal has no jurisdiction to adjudicate a PIL unless a person is aggrieved and as we have stated earlier that the applicant is not an aggrieved person.
3. In the meantime, it has been stated by the applicants advocate that he wants to withdraw the OA in order to present the same before the appropriate judicial forum. We think that there is no problem in permitting the applicant to withdraw the OA.
4. The applicant advocates are permitted to withdraw the OA, in order to present the same before the appropriate judicial forum.
(Dr. Ramesh Chandra Panda) (S. C. Sharma) Member (A) Acting Chairman /pj/