Dr Harjit Singh vs All India Institute Of Medical ...
2023 Latest Caselaw 560 Del

                                       Neutral Citation Number: 2023/DHC/000964

                     $~9
                     *        IN THE HIGH COURT OF DELHI AT NEW DELHI
                     %                                     Date of Decision: 10th February, 2023
                     +        W.P.(C) 672/2023
                              DR HARJIT SINGH                    ..... Petitioner
                                            Through: Mr.     Prashant         Bhushan,
                                            Ms. Suroor Mandar and Ms. Ria Yadav,
                                            Advocates
                                                    versus
                              ALL INDIA INSTITUTE OF MEDICAL SCIENCES, NEW
                              DELHI AND ANR.                      ..... Respondents
                                            Through: Mr. Tushar Gupta, Mr. Parinay
                                            Gupta and Mr. Vibhor Garg, Advocates for
                                            AIIMS.
                              CORAM:
                              HON'BLE MS. JUSTICE JYOTI SINGH

                                                      JUDGEMENT

JYOTI SINGH, J. (ORAL) CM APPL. 2636/2023 (exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

W.P.(C) 672/2023 & CM APPL. 2635/2023 (stay)

3. Present writ petition has been filed seeking the following reliefs:-

"A. Issue an appropriate writ, order or directions to the Respondent No. 1 to quash the non-selection of the Petitioner in the interview dated 09.10.2022 held in pursuance Advt. No.AIIMS/NEW DELHI/FAC.RECT /2021/1 dated 17.11.2021;

B. Issue an appropriate writ, order or directions to the Respondent No. 1 to conduct a re-interview /reassessment of the Petitioner for interview dated 09.10.2022 held in pursuance Advt. No.AIIMS/NEWDELHI/FAC.RECT /2021/1 dated 17.11.2021 by a properly reconstituted Selection Committee;

Signature Not Verified

By:KAMAL KUMAR Signing Date:10.02.2023 14:59:18 Neutral Citation Number: 2023/DHC/000964

C. Issue appropriate directions to Respondent No. 1 to video- record Petitioner's re-interview thereof for the interview dated 09.10.2022 for posts on 'Direct Recruitment Basis' notified vide Advertisement No. AIIMS/New Delhi/ Fac. Rect./2021/1 dated 17.11.2021;

D. Issue appropriate directions to Respondent No. 1 to fix a benchmark for the aforementioned interview process including the relaxations for Scheduled Caste candidates and that members of the Selection Committee individually and severally give marks on the Petitioner's performance in the interview vis-a-vis the criteria laid down in the guidelines for advisers/experts issued by the Respondent No.1 for the Selection Committee as annexed in Annexure P-13."

4. The writ petition cannot be entertained by this Court as it is not maintainable in view of the judgments of the Constitution Bench of the Supreme Court in L. Chandra Kumar v. Union of India and Others, (1997) 3 SCC 261 and this Court in All India NIC S&T Officers Association v. Union of India & Ors., W.P.(C) 14533/2022 decided on 14.12.2022 and Dr. Ambika Tyagi v. All India Institute of Medical Sciences and Anr., 2023 SCC OnLine Del 201.

5. Writ petition is therefore dismissed as not maintainable granting liberty to the Petitioner to approach the Central Administrative Tribunal. Since this is the second round of litigation and the matter relates to appointment, needless to state that as and when the Petitioner approaches the Tribunal, every effort shall be made by the Tribunal to dispose of the matter as expeditiously as possible.

6. Writ petition is disposed of along with the pending application.

JYOTI SINGH, J FEBRUARY 10, 2023/kks

Signature Not Verified

By:KAMAL KUMAR Signing Date:10.02.2023 14:59:18