1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Writ Petition No.3880/1999 (Dinesh Kumar Sharma Versus National Institute of Ayurveda & Others) Date of Order :: 6th May, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Mr. I.S. Malik for the petitioner Mr. Anupam Agarwal for Mr. M.D. Agarwal for the respondent NO.1 BY THE COURT: The present writ petition has been filed assailing the order passed by the National Institute of Ayurveda, Jaipur. The notices were issued and service is complete. The pleadings are also complete in the present writ petition. 2. The learned counsel for the respondent no.1 has brought to the notice of this court that vide Notification dated 22nd April, 2008, in exercise of powers conferred by Section 14 (2) of the Central Administrative Tribunal's Act, 1985 (for short, “Act of 1985”), the Central Government has notified 1st day of May, 2008 as the date on and from which provisions of S. 14(3) of the Act shall apply to the organizations including respondent National Institute of Ayurveda, Jaipur, as a consequence 2 whereof, orders passed by such Institute are appealable before Central Administrative Tribunal under Act, 1985. He further submits that similar writ petitions have been transferred by this Court after issuance of Notification to the Central Administrative Tribunal. He referred the order dated 13th January, 2009 passed in S.B. Civil Writ Petition No. 4078/2006 and the order dated 5th March, 2009 passed in S.B. Civil Writ Petition No. 5723/1995. He, therefore, contended that the present writ petition may also be transferred for adjudication to the Central Administrative Tribunal. 3. The learned counsel for the petitioner contended that the National Institute of Ayurveda has been brought within the jurisdiction of the Central Administrative Tribunal with effect from 1st May, 2008, whereas the order impugned in this writ petition was passed much earlier, therefore, the present writ petition should not be transferred to the Tribunal. 4. I have considered the submissions of learned counsel for the parties. In the above referred writ petitions, wherein the order of transfer of writ petition was passed on 13th 3 January, 2009 and 5th March, 2009, the orders were passed by the National Institute of Ayurveda much prior to 1st May, 2008 and this Court took a view that the impugned order is appelable under the Act of 1985, which is the only efficacious remedy under law and transferred the writ petitions to the Tribunal. I am also of the view that the order impugned in this writ petition is appelable under the Act of 1985, which is the efficacious remedy under the law. Hence, it will be just and proper, in the interest of justice, to transfer the present writ petition for adjudication to the Central Administrative Tribunal. 5. Consequently, the writ petition is disposed of with a direction to the registry that the matter be transferred to the Central Administrative Tribunal, Jaipur Bench for its adjudication in view of Notification referred above. 6. The parties are directed to appear before the Tribunal on 28th May, 2009. 7. No costs. 8. In view of above, there is no need to pass any order on the application dated 21st January, 2009 and the first and second stay applications filed by the appellant and 4 consequently, all the three applications stand disposed of. (NARENDRA KUMAR JAIN), J. DK