SHOBHIT PATEL Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been filed seeking the following reliefs :-

(2.) It is submitted by counsel for the petitioner that this Court by order dtd. 16/6/2023 passed in W.P.No.2293/2023 in the case of Ashok Shrivastava Vs. Union of India and others, as well as by order dtd. 10/7/2023 passed in the case of Geeta Dey Vs. Union of India decided on 10/7/2023 in W.P.No.3469/2023 has disposed of similar writ petition and, therefore, this petition is also covered by the said order.

(3.) Per contra, it is submitted by counsel for the respondents that the petitioner is seeking appointment in the Department of Railway, therefore, this Court has no jurisdiction to entertain this petition and the matter is exclusively triable by the Central Administrative Tribunal. It is further submitted that in the light of judgment passed by the Supreme Court in the case of L.Chandra Kumar Vs. Union of India and others, reported in (1997)3 SCC 261 the Tribunal shall continue to act as the only court of first instance in respect of the areas of law for which they have been constituted, therefore, it is clear that it is not open for the litigants to directly approach to the High Court by overlooking the jurisdiction of the concerning Tribunal.