NISAR KHAN Vs. STATE

JUDGEMENT

(1.) This writ petition seeks to challenge the order of the learned Single Judge dated 30.3.2000 disposing of the writ petition by holding that in the judgment reported in 1999(2) RLW 1319 the learned Judge had already taken a view that alternative remedy in service matter is liable to be strictly followed and no writ petition can be directly entertained by this Court. Learned Single Judge was also of the view that the present matter is required to be adjudicated by the Rajasthan Civil Services Appellate Tribunal, and therefore, the petitioner was relegated to the alternative remedy of approaching the Tribunal, and the matter was ordered to be transferred to the Tribunal.

(2.) A look at the writ petition shows that the controversy involved in the present matter is regarding validity of selection of private respondent in the cadre of R.A.S., and also interalia on the ground of availability of certain privileges to non gazetted in-service candidates.

(3.) Section 2(f) of the Rajasthan Civil Services (Service Matters Appellate Tribunals) Act, 1976 defines the expression "Service matter". For convenience sub-section 2(f) is reproduced which reads as under:-