IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10300 of 2010 NAND KISHORE RAJAK, S/O- TURAY RAJAK VILL+PO- SHISHIA, P.S.- KODHA IN THE DISTRICT OF KATIHAR, BIHAR :--- PETITIONERS. . Versus 1. UNION OF INDIA THROUGH THE COMMISSIONER CENTRAL EXCISE & SERVICE TAX, PATNA. 2. ASSISTANT COMMISSIONER (ESTABLISHMENT) CENTRAL EXCISE, COMMISSIONERATE, PATNA C.P.I.O./DEPUTY COMMISSIONER CENTRAL EXCISE COMMISSIONERATE, PATNA :--- RESPONDENTS. ----------- FOR THE PETITIONER : MR. GAJENDRA PRATAP SINGH, ADVOCATE FOR THE CENTRAL EXCISE: MR. NIVEDITA NIRVIKAR. ====== 2. 06.07.2010. Heard learned counsel for the petitioner and the Union of India. 2. Petitioner was an applicant for the post of Constable in response to Advertisement published in Dainik Jagran dated 25.11.2007, contained in Annexure-2 to this application but he could not appear in the selection test as intimation to appear in the selection test was received by him belatedly whereafter petitioner approached the Hon’ble Chief Minister whose office forwarded his application to the competent authority vide Annexure-5 but the competent authority did not consider the same as also did not allow him to appear in the subsequent selection test conducted to accommodate the non-appearing applicants of the Advertisement, Annexure- 2, held on 8th of April, 2008. By filing this writ petition petitioner submits that his candidature be considered for any subsequent test to be conducted for appointment of Constable by the Central Excise Department. 3. The High Court office has objected to the maintainability of the writ petition in this Court as recruitment on the post of Constable in the Excise Department can be questioned before the Central Administrative Tribunal, Patna Branch, Patna. 4. Having heard counsel for the petitioner and the Union of India, I dispose of this writ petition directing the petitioner to either approach the Central Administrative Tribunal, Patna Branch, Patna or the Central Excise authorities themselves for the redressal of his grievance. 5. With the aforesaid observation the writ application is disposed of. P.K.P. (V.N.Sinha,J.)