A AND N ADMINISTRATION Vs. BHAN KHARIA

JUDGEMENT

(1.) This Mandamus Appeal is at the instance of th'e respondents of a writ application and is directed against the order dated July 8, 2005 passed by a learned Judge of this Court holding that the writ application filed by the respondents is maintainable before this Court by overruling the objection raised by the present appellants that the same is entertainable by the Central Administrative Tribunal in view of the Administrative Tribunals Act, 1985.

(2.) The respondent herein filed the writ application in question thereby praying for the following relief :- (a) A writ in the nature of Mandamus directing the respondent authorities to act in accordance with law widely notifying each and every vacancy position for the post of GTT/PGT/PET/Librarian Grade-II and inviting application from eligible candidates setting aside the impugned policy decision published in the Government news paper namely The Daily Telegrams dated 15th June, 2005. (b) A writ in the nature of Certiorari directing the respondent authorities to transmit the case record before this Hon'ble Court, so that after perusing the same conscionable Justice may be rendered to your petitioners directing the respondents not to reserve existing/ future vacancies of direct recruitment quota for any unclassified category/class of persons. (c) A writ in the nature of prohibition prohibiting the respondent authorities to give any effect or further effect of the impugned policy decision taken by the respondent A & N Administration as regard filling up the post of PGT/PET/GTT/Librarian Grade-ll by preparing a panel from and amongst the candidates who have served the department on contract/ad-hoc basis for minimum two years during the period 1997 to 2003 and recruiting them against direct recruitment quota vacancies and till all candidates in the panel are absorbed stopping the recruitment from amongst the new candidates.

(3.) The writ petitioners are 41 in number and in Para-4 of the writ application they made the following averments :-