Dr Adeeba Asrar vs All India Institute Of Medical ...
2022 Latest Caselaw 1900 Del

                          $~6
                          *       IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                                           Date of Decision: 13th June, 2022
                          +       W.P. (C) 9502/2022

                                  DR. ADEEBA ASRAR                      ..... Petitioner
                                               Through:    Mr. Varun Mudgil, Mr. Rakesh
                                               Kumar, Mr. Mohit Mudgal and Mr. Sanjay
                                               Baniwal, Advocates.

                                                     versus

                                  ALL INDIA INSTITUTE OF MEDICAL SCIENCE,
                                  NEW DELHI AND ANR.                          ..... Respondents
                                                 Through: Mr. V.S.R. Krishna and Mr. V.
                                                 Shashank Kumar, Advocates for AIIMS.
                                  CORAM:
                                  HON'BLE MS. JUSTICE JYOTI SINGH

                                                           JUDGMENT

JYOTI SINGH, J. (ORAL) C.M. APPL. 28361/2022(exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of. W.P. (C) 9502/2022

3. Present writ petition has been preferred on behalf of the Petitioner seeking quashing of the Advertisement No. F.07/2022-Acad.I dated 03.06.2022, for recruitment of Junior Resident (Non ACAD.) for Session commencing in July, 2022, issued by Respondent No.1/AIIMS.

4. Mr. V.S.R. Krishna, learned counsel appearing on behalf of Respondent No.1 takes a preliminary objection to the maintainability of the

Signature Not Verified

By:KAMAL KUMAR Signing Date:14.06.2022 18:56:35 present petition on the ground that the Petitioner is amenable to the jurisdiction of the Central Administrative Tribunal.

5. In view of Section 14 read with Section 3(o) of the Administrative Tribunals Act, 1985 and in view of the judgment of the Constitution Bench in L. Chandra Kumar v. Union of India, (1997) 3 SCC 261, this Court has no jurisdiction to entertain the present petition and the remedy of the Petitioner lies in approaching the Central Administrative Tribunal.

6. Accordingly, the present writ petition is disposed of as not maintainable, granting liberty to the Petitioner to approach the Central Administrative Tribunal, if so advised.

JYOTI SINGH, J (VACATION JUDGE)

JUNE 13, 2022/shivam

Signature Not Verified

By:KAMAL KUMAR Signing Date:14.06.2022 18:56:35