PRABHASH DEV NATH Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) Heard Mr. M.A Seikh, learned counsel for the petitioner and Mr. B.K. Sharma, learned Sr. counsel assisted by Mr D.K.Sarma learned counsel for the Respondents. In this writ petition the petitioner namely Prabhash Dev Nath sought for a direction to the Respondents to declare the result of the selection test for recruitment of Sports man against Sports quota in group 'D' category which was held on 26th September, 1995 and 27th September, 1995 by contending inter alia, that the writ petitioner along with others participated in the test in terms of the related notification which was issued by the Respondent Authority on 20.4.95 and the said test was held on the above mentioned dates but the Authority concerned did not declare the result of such Selection test as on today without assigning any reason. The petitioner herein also sought for a direction to the Respondents to keep one post in Group 'D' category (Badminton) vacantpending final disposal of this writ petition.

(2.) At the hearing Mr B.K. Sharma, learned counsel for the Railway, Respondents raised a preliminary issue pertaining to the maintainability of this writ petition. Supporting his submission Mr. B.K. Sharma, learned Sr. counsel has drawn my attention to the relevant provisions of Section 3(q) (v), Section 14 read with Section 19 of the Administrative Tribunals Act 1985 for short the Act of 1985 and contended that if the petitioner is really aggrieved in the related process of recruitment of Sports Man against the Sports Quota under N.F Railway in terms of the related notification dated 20.4.1995 as in Annexure 'C' and another Notification dated 14th March 1997 as in Annexure 'E' to the writ petition, the writ petitioner ought to have approached the proper forum that is, the Central Administrative Tribunal concerned as the matter falls within the jurisdiction of the Central Administrative Tribunal not with this court. Further, strengthening the submission, Mr. B.K. Sharma, learned Sr. counsel relied upon the Full Bench decision of the Apex Court rendered in L. Chandra Kumar appellant Vs. Union of India reported in 1997 (1) GLT (S.C.) 1 and argued that in such a case jurisdiction vests upon the Central Administrative Tribunal concerned and the Tribunal is the First Court which has power and jurisdiction to try and deal with the present matter within the perview of Article 2267 227 of the Constitution of India and the decision of this Tribunal will, however be subject to scrutiny before the Division Bench of the High Court within whose jurisdiction the concerned Tribunal falls. Now this court is to see and examine whether the preliminary issue raised by Mr. B.K. Sharma, learned Sr. counsel can be entertained/accepted or not.

(3.) In terms of the Notification dated 20th April/95 as in Annexure 'C' to the writ petition, applications are invited in the standard form from the intending candidates for recruitment of Sports-man against sports quota in Group 'D' category under the Respondent, Railway and the petitioner was also one of the candidates who applied to it and participated in the test along with others and the result of the selection test was not announced as on today instead, the Railway Respondent Authority issued subsequent notification dated 14th March/ 97 for recruitment of Sports person against Sports Quota in the same Group 'D' category as seen in the document marked Annexure 'E' to the petition. It is not disputed that there were recruitment processes of the sports-man against Sports Quota in terms of the related notification as discussed above, and such posts are Civil posts under the Union of India and as such in my considered view, it is the Central Administrative Tribunal concerned to decide the matter pertaining such recruitment, as the post advertised falls within the purview of Civil post under the Union of India in terms of the related provisions of Section 3 read with Section 14 of the Act of 1985. For better appreciation in the matter Section 3 (q) and Section 14 of the Act of 1985 are quoted below: