LODHA, J. - (1.) THE petitioner appeared in the competitive examination held on 4th March, 2001 for direct recruitment to the post of Junior Telecom Officer (`jto', for short ).
(2.) BY the communication dated 11th April, 2002, the petitioner was communicated that he has been selected for the post of JTO for Rajasthan Circle. He was intimated that he would be required to undergo initial training of JTO (pre-appointment training) for a period of four weeks in any of the Telecom Training Centre subject to filfillment of all prescribed conditions such as submission of medical fitness Certificate to be issued by a Medical Board constituted by the Medical Superintendent, S. M. S. Hospital, Jaipur. He was directed to make a security deposit in the sum of Rs. 5,000/- in the form of demand draft and furnish the documents referred to in paragraph 2 of the said communication, namely: (i) Bond Agreement, to be signed by him, one surety and three witnesses and attested by the Notary Public; (ii) Attestation forms - in quadruplicate; (iii) Declaration form; (iv) Identity Certificate; (v) Oath of Allegiance; (vi) Two character certificates signed by two separate Gazetted Officers; (vii) Medical Certificate issued by the Medical Board; (viii) Employer's Certificate of the Surety; and (ix) Undertakings regard PVR and Employer's Certificate. In pursuance of the communication dated 11th April, 2002 the petitioner appeared before the Medical Board. By the communication dated 17th July, 2002, the petitioner was informed that having found unfit for the post of JTO has been cancelled. Upon receipt of the communication dated 17th July, 2002, the petitioner made an application to the respondents No. 1 and 2 for re-medical examination. The respondents No. 1 and 2 by a letter dated 4th February, 2003 intimated to the petitioner that his application for re- medical examination cannot be considered as he has been declared unfit by the Medical Board of S. M. S. Hospital, Jaipur. The petitioner challenged the communication dated 17th July, 2002 and 4th February, 2003 by filing Original Application before the Central Administrative Tribunal, Jaipur Bench, Jaipur.
(3.) THE Tribunal held that no notification under Section 14 (2) of the Administrative Tribunals Act, 1985 has been issued by the Central Government specifying the date on or from which the provisions of sub-section (3) of Section 14 of the Act have been made applicable to Bharat Sanchar Nigam Limited (`bsnl', for short ). THE Tribunal, thus, in its order dated 6th August, 2003 held that it did not have the jurisdiction to entertain the matters relating to recruitment and appointment to any service and post in connection with the affairs of the BSNL. The petitioner by this writ petition filed on 20th September, 2003 has sought to challenge the correctness of the order dated 6th August, 2003 passed by the Central Administrative Tribunal and also prayed that the communications dated 17th July, 2002 and 4th February, 2003 received from the respondent Nos. 1 and 2 be quashed and set aside. At the out-set Mr. Ashok Gaur, the counsel for the petitioner fairly accepted the legal position that the original application before the Central Administrative Tribunal was not maintainable for want of any notification by the Central Government under Section 14 (2) of the Administrative Tribunals Act applicable to the BSNL. He, however, submitted that does not preclude the petitioner from assailing the legality and correctness of the intimation dated 17th July, 2002 and 4th February, 2003 directly before this Court in writ jurisdiction. ;