Rajasthan Prashasanik Sewa Parishad And Ors vs Union Of India And Ors

Petitioners have preferred this writ petition inter alia seeking relief that promotion should not be made to any Non-SCS Officers on the post of IAS

in Rajasthan Cadre.

It is contended by the counsel for the petitioners that an Original Application was filed before the Central Administrative Tribunal but the same has

not been decided and no interim order has been passed by the Central Administrative Tribunal and posted the matter in January, 2021. It is contended

that the Non-SCS Officers have no right to be selected to the post of IAS and only in special circumstance the Non-SCS Officers can be appointed. It

is prayed that a direction be issued to the Central Administrative Tribunal to decide the stay application prior to 30 th of December, 2021, the date

fixed by the Committee for selection of Non-SCS candidates.

Learned Advocate General appearing for the State has vehemently opposed the writ petition. It is contended that only Central Administrative

Tribunal is having the jurisdiction and the High Court can only entertain writ petition after final order is passed by the Central Administrative

Tribujhnal. Learned Advocate General placed reliance on the judgment of the Supreme Court titled as L. Chandra Kumar vs. Union of India and

Others, (1997) 3 SCC 261. It is contended that the present petition does not lie as the Tribunal has not been impleaded as party. Learned Advocate

General placed reliance on Udit Narain Singh Malpaharia v. Additional Member Board of Revenue, Bihar and another, AIR 1963 Supreme Court 786

(V 50 C 118). Learned Advocate General has also submitted before the Court that as per the Rules promotions are made from three categories;

direct recruitment, promotion and selection from Non-SCS. It is argued that if selection is not made upto 31 st of December, 2020, the posts would

lapse and the respondents would be in undue hardship. Learned Advocate General has placed reliance on Rana Randhir Singh and Others vs. State of

U.P. and others, 1989 Supp (1) Supreme Court Cases 615, wherein the Apex Court held that stay should not be granted in promotion matters.

Mr. Amit Mathur, counsel for Caveator contended that the Original Application pertains to the selection list of year 2018. The said selection list has

already lapsed and the present writ petition is devoid of any merits.

In view of the prayer made in the instant writ petition, we have considered the contentions. We are of the considered view that no directions can be

given to the Central Administrative Tribunal when Tribunal has not been impleaded as party. The matter before the Tribunal is pending for the last

more than one year and the petitioners did not press their application before the Tribunal and once the Tribunal has already posted the matter in

January, 2021, this Court would not have any jurisdiction to entertain writ of certiorari or issue any direction to the Administrative Tribunal.

We are also of the considered opinion that the High Court can only exercise jurisdiction after final order is passed by the Administrative Tribunal.

As is evident from the arguments advanced, the select list of 2018 under challenge, stood already lapsed. Hence, we are of the considered view

that the present writ petition is devoid of merit and deserves to be dismissed in limine.

A copy of this order under the seal and signature of Court Master be provided to the counsel for the parties.