WPSS/532/2022
2022 Latest Caselaw 1044 UK

 IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
        ON THE 31ST DAY OF MARCH, 2022
                            BEFORE:

     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


        Writ Petition (S/S) No. 532 of 2022


BETWEEN:
Ram Kishan maru.                                      .......Petitioner
     (By Mr. Dushyant Mainali, Advocate)




AND:
Union of India & others.                           ...Respondents
     (By Mr. Mukesh Kumar Kapruwan, Advocate, holding brief of Mr. V.K.
     Kapruwan, Standing Counsel for respondent no. 1 and Mr. Vikas
     Pandey, Advocate for respondent nos. 2 & 3)



                          JUDGMENT

Heard learned counsel for the parties.

2. Petitioner applied for the post of Technical Assistant, pursuant to an advertisement issued by Forest Research Institute, Dehradun. His candidature has been rejected, after he was permitted to appear in the written examination, on the ground that his qualification is not as per norms. Thus, feeling aggrieved, petitioner has filed this writ petition, seeking following reliefs:-

"i) Issue a writ of certiorari quash and set aside the decision of the respondent no. 3 to disqualify the petitioner in terms of educational qualification for the post of Technical Assistant (decision as contained in email dated 18.02.2022 annexed at Annexure No. 4 to the writ petition).

ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to permit the petitioner participate in the further process of recruitment for the post of Technical Assistant in terms of his selection in the written test.

3. Mr. Vikas Pande, learned counsel appearing for Forest Research Institute points out that petitioner has a remedy of approaching Central Administrative Tribunal constituted under Administrative Tribunals Act, 1985, as Forest Research Institute is notified under the said Act.

4. In view of availability of alternative remedy to petitioner, writ petition is dismissed with liberty to him to approach the appropriate forum.

(MANOJ KUMAR TIWARI, J.) Navin