Filing Petition against Safadrjung Hospital

Guest (Querist) 11 July 2011 This query is : Resolved
Sir,
Sir,
I am seeking the opinion in this regard
I am Phsiotherapist and applied for the 2 unreserved post in year 2005 and the interview for the post held on 2006 but they has not declared the result till now
I filed an RTI in year 2008 and I was informed by the authorities that minutes of the selection was fowarded to the DGHS and aslso to the UPSC and they have also send the reminder in year 2009
I filed the RTI to the office of UPSC and they has informed that they ahve not received the communication from DGHS

There were 20-25 Applicants against the 2 post and I want to move to court for declaration in this reagrd
UPSC And asfadarjung Hospital falals with in jurisdiction of CAT and High Court?

Please advise Whether I should approach to the CAT or High Court ?

Follow Query

Report Abuse

A V Vishal (Expert) 11 July 2011
You have to move an appropriate writ in the High Court.

Guest (Querist) 11 July 2011
Whether Application before CAT will not work as the court insists for alternative remedy?

Guest (Expert) 11 July 2011
You will have to approach only High Court; The subject matter does not fall under CAT.

Out of Court (Expert) 12 July 2011
High Court is better option but CAT has jurisdiction too ..!

yogesh (Expert) 12 July 2011
I strongly disagree with the expert members. You cannot move to the High Court without exhausting your remedy i.e before CAT. Even if you file the petition that will be heared by single bench and will refer to to the CAT under Transfer Application (T.A). instead of wating time go directly to the CAT BY FILING O.A and later on if dismissed you may file before High Court which of course will be heard by Divisional Bench

Nu.Delhi.Law.Fora. (Expert) 12 July 2011
Dear Querist,

Please note that jurisdiction of HC u/Article 226 is very wide. It is advisable that one should not exhaust last remedy as first remedy.

However, as per rules, recruitment, and matters concerning recruitment, to any All India Service or to any civil service of the Union or a Civil post under the Union ....., may be adjudicated by CAT.

Nowadays, speed at which CAT entertains such applications are praiseworthy.

You may consider filing OA before CAT and I am of the view that you would get the desired relief at almost same time.

Rabin Majumder
Advocate-on-Record
Supreme Court of India
New Delhi

prabhakar singh (Expert) 12 July 2011
pros and cons already discussed and no need to add any thing more.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries