In the High Court of Judicature for Rajasthan Jaipur Bench **
Civil Writ Petition No.1767/2010
Rupesh Kr. Sharma Versus Chief Gen. Manager
Raj. Telecom Circle BSNL& (2) Ors.
Date of Order ::: 08/02/10 Hon'ble Mr. Justice Ajay Rastogi Mr. MM Mehrish, for petitioner
Instant petition has been filed assailing withdrawl of selection letter dt.25/01/2010 (Ann.5) in regard to recruitment process initiated by Bharat Sanchar Nigam Ltd (BSNL) holding open competitive examination for direct recruitment of JTO (Telecom) held on 21/06/2009.
The dispute raised by petitioner in regard to recruitment is covered by S.14 of Central Administrative Tribunals Act, 1985 (Act, 1985) and vide notification dt. 21/10/08, in exercise of powers conferred by S.14(2) of the Act 1985, Central Government has notified 10th day of November, 2008 as the date on and from which provisions of S.14(3) of the Act shall apply to the organisations including respondent BSNL as a consequence whereof, action of BSNL is appealable before Central Administrative Tribunal under the Act, 1985.
In view of notification (supra), writ petition is not maintainable as the action is appealable under the Act, 1985 which is only the efficacious remedy available under the law.
Consequently, writ petition is dismissed. However, petitioner will be at liberty to avail of remedy under the law.
(Ajay Rastogi), J.
K.Khatri/p2/
1767CW2010Fb8DspBSNLRmdyCAt.do