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2023 DIGILAW 1483 (DEL)

Shivedesh Sharma v. Govt. of NCT of Delhi

2023-03-07

JYOTI SINGH

body2023
JUDGMENT Jyoti Singh, J. (Oral) CM APPL. 11113/2023 (exemption) 1. Allowed, subject to all just exceptions. 2. Application stands disposed of. W.P.(C) 2869/2023 & CM APPL. 11112/2023 (stay) & 11111/2023 (permission to file writ petition) 3. Present writ petition has been filed by the Petitioners seeking the following reliefs: "A. the issuance of a Writ of Mandamus and/or direction under Art.226 of The Constitution of India to the Respondents to adhere to the EWS reservation policy of the Govt. and to implement it fully by providing for the entire quantum of 10% EWS reservation and thereby provide 70 or 71 vacancies (as the case may be) towards EWS category for the post code "18/19: Fire Operator"; B. and further consider and appoint the petitioners for the said post;" 4. The writ petition cannot be entertained by this Court in view of the judgment 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 Dr. Arun Kumar Mishra v. Union of India , 2021 SCC OnLine Del 3841 and Dr. Ambika Tyagi v. All India Institute of Medical Sciences and Anr. , 2023 SCC OnLine Del 201. 5. Writ petition along with pending applications is, therefore, dismissed as not maintainable, granting liberty to the Petitioners to approach the Appropriate Forum, in accordance with law.