WP(C) 6050/2011 BEFORE THE HON’BLE MR. JUSTICE HRISHIKESH ROY The petitioners had offered their candidatures for appointment of drivers under the Chief Post Master General, Assam. After qualifying in the reading and writin g test, the driving test was held on 25.9.2011. But without declaring the result of the driving test, by the impugned communication dated 18.11.2011 (Annexure-3 ), the first driving test was cancelled on Technical Ground and a fresh drivin g test is scheduled for 3.12.2011. 2. Dr. J.L. Sarkar, the learned Counsel submits that the employer could not have ordered for a fresh driving test without disclosing the specific reason fo r cancellation of the earlier test and the technical ground cited in the order is too a broad term, for the aspirants to accept it as a bona fide cause for ca ncellation of the first test. 3. Dr. Sarkar while addressing the Court has fairly submitted that normally the petitioners should have filed this case before the Central Administrative T ribunal (CAT), but since the learned Tribunal is temporarily non-functional unti l 2.12.2011, the petitioners have invoked the writ jurisdiction of the Court. 4. Ms. D. Sinha, the learned Central Government Counsel submits that since the learned CAT would be functional shortly, the petitioners should be relegated to the appropriate Forum and this matter should not be kept pending in this Cou rt. 5. Considering the matter in its entirety and seeing that jurisdiction of t he Court is not totally ousted in view of the law declared by the Supreme Court in paragraph 99 of L. Chandra Kumar vs. Union of India reported in AIR 1997 SC 1125, I deem it appropriate to pass the following order :- (i) The petitioners may appear in the scheduled 2nd driving test without pre judice to their rights if any, accruing out of the first driving test. (ii) The appointment to the post of drivers shall not be made without leave o f the learned Tribunal (CAT) as Dr. Sarkar, the learned Counsel submits that the petitioners will approach the appropriate forum for redressal within 10 days fr om today. 6. With the above direction, the case is disposed of.