Dismissed

Vijay Shyam Pal and 10 Others v. Union of India through Secretary, Department of Higher Education and 4 Others

Allahabad HC24 Sept 2018WRIA/20372/2018

Case brief

AI extract

What is this about?

The High Court dismissed the writ petition challenging an advertisement regarding eligibility criteria for teaching posts. The court held the Central Administrative Tribunal is the court of first instance.

What did the court decide?

Writ petition dismissed with liberty to approach the Central Administrative Tribunal.

What the court decided

Vijay Shyam Pal and 10 Others Vs… — Constitutional and Fundamental Rights | Allahabad HC (2018)

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Court No. - 39

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Case :- WRIT - A No. - 20372 of 2018 Petitioner :- Vijay Shyam Pal And 10 Others Respondent :- Union Of India Through Secretary, Department Of Higher Education And 4 Others Counsel for Petitioner :- Satendra Tirpathi Counsel for Respondent :- A.S.G.I.,Ajeet Kumar Singh,Dhananjay Awasthi,Narendra Pratap Singh

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Hon'ble B. Amit Sthalekar,J. Hon'ble Jayant Banerji,J.

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Heard Sri Satendra Tirpathi, learned counsel for the petitioners and Sri Neeraj Singh holding brief of Sri N.P. Singh, learned counsel for the respondent no. 2.

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Sri Pyush Tripathi has filed his parcha on behalf of respondents no. 1 & 4. Sri Arun Prakash appears for respondent no. 5.

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The petitioners who are 11 in number are seeking quashing of the advertisement no. 14 dated 14.8.2018 which prescribes that candidates having only Special B.Ed. are not eligible for the post of PGT and that candidates with professional qualification of only Special B.Ed or D.Ed. or Special D.Ed. are not eligible to apply for these posts.

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A preliminary objection has been raised by Sri Neeraj Singh holding brief of Sri N.P. Singh, learned counsel for the respondent no. 2 that the advertisement has been issued by the Kendriya Vidyalaya Sangathan which is notified under the Administrative Tribunal Act, 1985 and therefore, the remedy for the petitioners is to approach the Central Administrative Tribunal which is the court of first instance in view of the judgement of the Supreme Court in the case Union of India Vs. L. Chandrakumar, (1997) 3 SCC 261 wherein it has held that the Tribunals will act as Courts of first instance in respect of the areas of law for which they have been constituted. The relevant portion of the paragraph 93 of the judgment reads as under:-

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"......We may add that the Tribunals will, however, continue to act as the only courts of first instance in respect of the areas of law for which they have been constituted. By this, we mean that it will not be open for litigants to directly approach the High Courts even in cases where they question the vires of statutory legislations (except, as mentioned, where the legislation which creates the particular Tribunal is challenged) by overlooking the jurisdiction of the Tribunal concerned."

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In this view of the matter, we dismiss the writ petition with liberty to the petitioners to approach the Central Administrative Tribunal.

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Order Date :- 24.9.2018/nd

Vijay Shyam Pal and 10 Others v. Union of India through Secretary, Department of Higher Education and 4 Others

Case brief

What is this about?

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What the court decided

Vijay Shyam Pal and 10 Others v. Union of India through Secretary, Department of Higher Education and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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