DBCWP2900/2009 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN D.B. Civil Writ Petition No.2900/2009 Om Prakash Sharma Vs. Union of India and Others Date of Order ::: 22.10.2010 Present Hon'ble Mr. Justice Arun Mishra Hon'ble Mr. Justice Mohammad Rafiq Shri Abhay Kumar Bhandari with Shri Rizwan Ahmed, Counsel for petitioner None present for respondents #### By the Court:- This court vide order dated 20.09.2010 raised a question regarding maintainability of writ petition in this court. Time was prayed for to study and answer aforesaid question in the light of decision of Apex Court in L. Chandra Kumar Vs. Union of India & Ors., AIR 1997 SC 1125 (Para 93). We have heard learned counsel for petitioner on maintainability of writ petition. Petitioner has prayed for declaring provisions of Regulation 5(3) of Indian Police Service (Appointment by Promotion) Regulations, 1955, to be bad in law and ultra virus to the Constitution. Petitioner has to approach at the first instance in the light of aforesaid decision in L. Chandra Kumar's case, before Central Administrative Tribunal. Writ petition cannot be said to be maintainable directly in this Court. Learned DBCWP2900/2009 // 2 // counsel has submitted that an identical matter is pending before Apex Court. In our opinion, that cannot be a ground to entertain writ petition directly by this High Court in view of decision of Apex Court in L. Chandra Kumar's case (supra) This writ petition is dismissed as not maintainable with liberty to petitioner to approach Central Administrative Tribunal. Petitioner may be entitled for exclusion of time spent in this writ proceeding since it was admitted. Interim order dated 25.11.2009 to operate for a period of six weeks. (Mohammad Rafiq) J. (Arun Mishra) J. //Jaiman//