SBCWP No.4277/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.4277/2010. Vivek Chitara Vs. Commissioner, Navodaya Vidyalaya Samiti & Ors. Date of order : April 19, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Amit Jindal for the petitioner. **** BY THE COURT :- This writ petition has been filed by the petitioner pertaining to the advertisement Ann.1 which has been issued by respondent No.1- Commissioner, Navodaya Vidyalaya Samiti, Ministry of Human Resource Development, School Education and Literacy Department, Government of India, New Delhi. 2) Prayer has been made that the respondents be directed to issue appointment letter to the petitioner for the post of Trained Graduate Teacher (Social Studies) and further to grant the seniority to the petitioner from the date from which the appointments have been given to the similarly situated persons and accordingly pay to him monthly salary w.e.f. November, 2009 at par to the those similarly situated persons. 3) I am afraid, this petition is not mainainable before this Court in view of the judgment SBCWP No.4277/10. 2 of the Apex Court in L.Chandra Kumar Vs. Union of India & Ors. : AIR 1997 SC 1125 wherein, Hon'ble Apex Court has observed that the writ petition is not maintainable directly before the High Court. Jurisdiction of High Court vested in it under Articles 226 & 227 of the Constitution of India can only be invoked only by way of filing writ petition before the Division Bench only after rejection of the Original Application by the Central Administrative Tribunal and not otherwise. 4) Petitioner shall have to first approach the Central Administrative Tribunal. Learned counsel for the petitioner at this stage submitted that he may have difficulty in approaching the Tribunal now because of limitation and therefore prayed that this matter may be transmitted to the Tribunal. Prayer is declined. 5) Petitioner may directly make an application before the Tribunal with his submission regarding delay giving all these reasons so as to take advantage of Section 5 as well as Section 14 of the Limitation Act, 1963 read with Section 21 of the Administrative Tribunals Act, 1985. 6) In view of the observations made above, the writ petition is dismissed being not maintainable. (MOHAMMAD RAFIQ), J. anil