1/1; (1/? 3w“; @ 1N THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETlTlON (Si) NO. g$ OF 2009 PETITIONERS / 1, Union Ministry of of Rauways, lndia through Rail Bhawan. Secretary New Delhi South—Eastern Centrai RaiTway through General Manager, South—Eastern Centra Railway, Bilaspur l ‘ g; ,ww i Assistant Personal Officer (Recruitment), South—Eastern Central Railway, Bilaspur Division‘ Bilaspur Ve I'S US Gopal Singh Nivoria, 8/0 Shri Ganesh Ram Nivoria, R/o Ummedgarn Bansi, Tahsil Jaura, Dialrict Morena (Madhya Pradesh) 2‘ Qentral Administrative Tribunal, Jabalpur Bench, Jabalpur (Madhya Pradesh) through its Registrar RESPONDENTS WRIT PETITION CONSTITUTION UNDER ARTICLE OF INDIA. 2261227 OF 'WHE" s , l i HIGH COURT OF CHHATTISGARH z BILASPUR w. P, (S) No. 989 of2009 Petitioners Union of India 85 others Versus Respondents Gopal Singh Nivoria &, another WRIT PETITOIN UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA DB: Hon’ble Mr. I. M. Quddusi, 8r. Hon’ble Mr. N. K. Agalwal, JJ. Shri Abhishek Sinha, Advocate for the peu'u'oners. None for the respondents. 0 R D E R (oral) ( Passed on this 20th day of August, 2010 ) Per I. M. Quddusi, J. Heard lealned counsel appearing for the writ petitioners. 2. This writ petition has been hled against the order dated 22.8.2008, passed by the Central Administrative Tribunal, Jabalpur Bench in O.A.No. 103/ 2007 (Gopal Singh Nivoria Vs. Union of India 81. others). 3. Brief facts, in nutshell, are that vide notincation dated 23. 12. 1998 the instant writ petitioners invited applications to n11 200 posts in Group— D. The last date for submission of application was 26.2.1999. The respondent No.1 being eligible applied for the said post but his candidature was r Jected only on the ground that he did not belong to geographical jurisdiction of Bilaspur (Chhattisgarh) as he was permanent resident of District— Morena (Madhya Pradesh). Being aggrieved, the respondent No.1 filed O.A.N0‘. 103/2007 before the Central Administrative Tribunal, Jabalpur Bench, Circuit Court Sittings : Gwalior, which was allowed vide impugned order dated 22.8.2008. Learned Tribunal observed that the applications were invited vide notincation dated 23. 12. 1998 for Group —- D posts, issued i by the South Eastern Railway, Bilaspur Division. The State of WWW ‘ «7L I '1 rm Chhattisgarh carved out on 1.11.2000. When the notmcation was issued, District - Bilaspur was within the State of Madhya Pladesh. Even othexwise, no ciu'zen shall be discriminated against, inter alia, on the ground of place of birth, residence or any of them in View of the provisions of Article 16(2) of the Constitution of India. The Tribunal directed the writ petitioners (respondents therein) to consider the applicant (respondent No.1 herein) provided he fulnlls all other eligibility conditions. 4. The contentions of the writ petitioners are that the applicant being resident of Morena (Madhya Pradesh) and applications were invited for the posts by the Bilaspur Division, the Circuit Bench at Gwalior had no jurisdiction to entertain the original application and in the notification dated 23. 12.1998 it was specincally mentioned that candidates residing within geographical jurisdiction of Bilaspur v Division could only apply for the recruitment. 5. Having heard learned counsel appearing for the writ petitioners and having regard to the facts situation, we do not find any good ground to interfere in the impugned order dated 22.8.2008 (Annexure P/ 1). 6. At this stage, learned counsel appearing for the writ petitioners submits that whenJhe impugned order dated 22.8.2008 was noticed, the posts were already filled up. If that is the situation, the writ petitioners may further seek instructions hem the Tribunal itself by hiing appropriate apphcau'onl petition before the Tribunal. 7. In View of the above, as no case for interference is made out, the writ petition is dismissed. No order as to costs. r/eri: Sdl- Sd/— Agrawa I.M.Quddusi N.K. Judge i Judge