The High Court of Jharkhand dismissed a writ petition challenging non-acceptance of joining as candidates. The court held the petition was not maintainable due to the availability of an efficacious alternative remedy under the Central Administrative Tribunal Act. Petitioners were advised to pursue that remedy.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (S) No. 2307 of 2020
Versus
CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY ---
08/14.06..2022
1. Learned counsel for the petitioners Mr. Amit Kumar Verma is present.
2. Learned counsel for the respondents Ms. Shivani Jaluka is also present.
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3. This writ petition has been filed for the following reliefs: -
“That the petitioners, in the instant writ application, prays for issuance of appropriate writ/writs, order/orders, direction/directions, directing and commanding upon the respondents: - i. To accept joining of petitioners who are successful candidates of Centralized Employment Notice No. 01/2014 issued by Railway Recruitment Board for various posts.
AND
ii. To accept the joining of the petitioners on the post of Assistant Loco Pilot and Technician GR III Diesel Mechanic as they have qualified examination and their candidature is kept in Wait List candidate List.
iii. Any other appropriate writ(s) be issued, order(s) be passed and direction(s) be made as Your Lordships may appear fit and proper in the interest of justice.”
4. Learned counsel for the respondents has submitted that the present writ petition is not maintainable as the petitioners have alternative remedy of approaching learned Central Administrative Tribunal.
5. Learned counsel for the petitioners does not dispute the availability of alternative remedy as submitted by the learned counsel for the respondents.
6. Considering the aforesaid submissions made by the learned counsel for the parties, this Court is not inclined to entertain the present writ petition on account of availability of efficacious alternative remedy to the petitioners under the provisions of Central Administrative Tribunal Act. Accordingly, the present writ petition is dismissed.
7. However, it will be open to the petitioners to avail the alternative remedy in accordance with law within a period of one month from today.
8. Pending interlocutory application, if any, is closed.
(Anubha Rawat Choudhary, J.)
Mukul
1 issue framed by the court
Whether the writ petition challenging non-acceptance of joining is maintainable in light of alternative remedy.
Uttam Kumar Das and others
Divisional Railway Manager, East Central Railway and others
Anubha Rawat Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
