NARENDRA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Pranjal Agrawal, learned counsel for the petitioner. Also heard Mr. Ramakant Mishra, learned Assistant Solicitor General for Union of India appearing for respondent No.1 and Mr. Goutam Khetrapal, learned counsel appearing for respondents No.2 to 4.

(2.) By this writ petition, the petitioner challenges National Highway Authority of India (Recruitment, Seniority and Promotion) Amendment Regulation, 2020 as unconstitutional and violative of the Constitution of India to the extent of prescribing the qualifications and eligibility criteria for the post of Deputy General Manager (Technical) in Schedule of Deputy General Manager (Technical) column 8, Clause (2)(ii)(iii) of the said regulations along with further prayer for declaration that all the candidates, whether departmental or otherwise, is entitled for promotional post of DGM (Technical) on completion of 4 years of service.

(3.) Learned counsel appearing for the respondents have questioned the maintainability of the writ petition on the ground of availability of alternative remedy before the Central Administrative Tribunal. Reliance is placed upon the decision of the Hon 'ble Supreme Court in the case of L. Chandra Kumar vs. Union of India, reported in (1997) 3 SCC 261 as well as in the case of Rajeev Kumar vs. Hemraj Singh Chauhan, reported in (2010) 4 SCC 554.