$~99 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010443282026 + W.P.(C) 13668/2026 & CM APPL. 63834/2026 PIYUSH GUPTA .....Petitioner Through: Appearance not given. versus UNION PUBLIC SERVICE COMMISSION AND ORS .....Respondents Through: Mr. Ravinder Agarwal, Mr. Manish Kumar Singh and Mr. Vasu Agarwal, Advocates for R-1. Mrs. Avnish Ahlawat, SC for GNCTD Services with Mr. Nitesh Kumar Singh, Ms. Aliza Alam and Ms. Ananya Saxena, Advocates. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R % 17.09.2026 1. This writ petition seeks the following relief: “a) Issue a Writ of Certiorari/Mandamus or any other appropriate writ to modify the age eligibility criteria/modalities fixed under Item No. 6 of UPSC Advertisement No. 11/2026, determining the crucial age limit date as the date of publication/issuance of notification (10.09.2026) or an earlier date aligned with the finalization of rules; OR. b) To declare the impugned shortlisting criteria which states 02.10.2026 as the date on which eligibility is determined, under the impugned advertisement/notification as absolutely illegal, arbitrary and unjustified This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/09/2026 at 11:41:40 c) Direct Respondent No. 1 (UPSC) and Respondent No. 2 (GNCTD) to grant a one-time age relaxation/exemption of 2 days to the Petitioner, permitting him to fill out the online application form and participate in the recruitment process for the post of Public Prosecutor / Assistant Public Prosecutor; d) To direct the respondents to further consider the candidature of the applicant/ petitioner to the post of Assistant Public prosecutor for the purpose of appointment in accordance with their merit proposition at all stages of the examination, including scrutiny;” 2. At the outset, the question of maintainability of the present petition arises for consideration. The grievance raised by the Petitioner relates to recruitment to the post of Assistant Public Prosecutor under the Directorate of Prosecution, GNCTD, and falls within the jurisdiction of the Central Administrative Tribunal under Section 14 of the Administrative Tribunals Act, 1985. Reliance is placed on the decision of the Supreme Court in L. Chandra Kumar v. Union of India & Ors.,1 wherein it was held that, in areas for which Tribunals have been constituted, they are to function as courts of first instance. The jurisdiction of the High Court under Articles 226 and 227 remains unaffected, but is ordinarily exercised after the matter has first been considered by the Tribunal. 3. In view of the above, the Court is not inclined to entertain the present petition in view of the availability of an alternate efficacious remedy of approaching the CAT. 4. Accordingly, the petition is dismissed with liberty to the Petitioner to take recourse to appropriate remedies in accordance with law before the CAT. 5. The Court has not commented on the merits of the case. All rights and 1 (1997) 3 SCC 261. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/09/2026 at 11:41:40 contentions of the parties are left open. 6. Disposed of, along with pending applications. SANJEEV NARULA, J SEPTEMBER 17, 2026/hc This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/09/2026 at 11:41:40