Dismissed

Abhishek Kumar Srivastav and Another v. Union of India and 2 Others

Allahabad HC4 Jan 2022WRIA/17808/2021

Case brief

AI extract

What is this about?

This writ petition challenging the cancellation of a candidate's application for an Army Religious Teacher post was dismissed. The court held that service matters regarding Armed Forces are exclusively within the domain of the Armed Force Tribunal, not the High Court. The High Court was directed to seek appropriate statutory remedies non-statutory remedy.]}

What did the court decide?

Petition dismissed; direction to approach appropriate statutory remedy.

Abhishek Kumar Srivastav and Another Vs Union of… — Service and Employment | Allahabad HC (2022)

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Court No. - 36

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Case :- WRIT - A No. - 17808 of 2021

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Petitioner :- Abhishek Kumar Srivastav And Another Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Ravi Prakash Srivastava,Ajitam Srivastav

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Counsel for Respondent :- A.S.G.I.,Brijesh Kumar

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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Heard the learned counsel for the petitioners and the learned counsel for the respondents.

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This writ petition has been filed by the petitioners to set aside the order dated 22.10.2021 passed by the respondent no. 2, the Director Recruiting, Army Recruiting Office, Agra, 65 Taj Road, Agra Cantt. Uttar Pradesh by which the candidature of the petitioners have been cancelled for appearing in Common Entrance Exam. The prayer is also made to pass an order in the nature of mandamus directing and commanding the respondent authorities for allowing the petitioners to appear in Common Entrance Exam.

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It is argued by the learned counsel for the respondents that the matter relates to the appointment in the Army so the writ petition is not maintainable here and the same may be filed before the Tribunal at Lucknow.

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It is opposed on the ground that the petitioners are not members of Armed Force, they have just applied for the post of Religious Teachers and they were permitted for participating in screening process and after successful completion of screening process, the admit cards were issued to them for appearing in Common Entrance Exam which was scheduled to be held on 27.6.2021 but due to some unknown reason the examination was postponed and it was intimated that it would be held on some other date in future. Meanwhile, all of sudden by order dated 22.10.2021, the respondents cancelled their candidature due to non-meeting of the specified educational qualification, hence, the petition is maintainable before this court only.

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After perusing the file it is clear that the matter relates to the appointment of the petitioners for the post of Religious Teacher in Armed Force and their candidature has been cancelled by the Director Recruiting, Army Recruiting Office, Agra, 65 Taj Road, Agra Cantt. and the service matters relating to all the three Forces are to be adjudicated by the Armed Force Tribunal

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and admittedly, the service matter includes the appointment also and as the appointment of the petitioners is in relation to the Armed-force, the petition is found to be not maintainable.

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The petition is hereby dismissed with the direction to the petitioners to avail appropriate remedy provided in the statute.

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Order Date :- 4.1.2022 Gss

Abhishek Kumar Srivastav and Another v. Union of India and 2 Others

Case brief

What is this about?

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Abhishek Kumar Srivastav and Another v. Union of India and 2 Others

Case brief

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What the court decided

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