A writ petition seeking promotion and post redesignation was dismissed as it falls within the exclusive jurisdiction of the Administrative Tribunal under L. Chandra Kumar, directing the petitioner to approach the appropriate forum.
Liberty granted to approach the appropriate forum (Administrative Tribunal) for all legal and factual pleas.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Through: Mr. Shivam Sharma and Mr. Rahul Dev, Advocates.
versus
NCERT & ANR. .....Respondents Through: Mr. Abhishek Yadav, Special Panel Counsel for the Respondents with Mr. Chanchal Kumar, UDC, NCERT and Mr. Vinod Vaidya, Assistant, NCERT.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
W.P.(C) 240/2024
page 1 of 2
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 19/11/2024 at 13:08:20
view of the judgment of the Constitution Bench of the Supreme Court in L. Chandra Kumar v. Union of India and Others, (1997) 3 SCC 261 , the Administrative Tribunal is the only Court of first instance for adjudication of the issues raised by the Petitioner.
JYOTI SINGH, J
NOVEMBER 18, 2024/shivam
W.P.(C) 240/2024
page 2 of 2
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 19/11/2024 at 13:08:20
1 issue framed by the court
Whether challenges in promotion disputes against NCERT should be heard by a High Court under Article 226 or by an Administrative Tribunal.
Colour shows how this judgement treated each authority
L. Chandra Kumar v. Union of India and OthersReferred¶17
L. Chandra Kumar v. Union of India and Others, (1997) 3 SCC 261 · Who else cites this
Sanjiv Kumar
NCERT
Jyoti Singh
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
Jyoti Singh
Parties & counsel
