Dr. Bipin Batra Vs National Board of Examinations and Anr. — Delhi HC (2026) — LawSathi Research

Dr. Bipin Batra Vs National Board of Examinations and Anr. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Observations in Paragraph No.8 of CAT's Order dated 04.07.2019 in O.A. No.3095/2014 directed to be deleted in both petitions; deletion without prejudice to parties' rights, who may avail remedies in accordance with law; photocopy of the order to be kept in the connected matter; petitions disposed of.

Issue for consideration

Whether the observations recorded by the Central Administrative Tribunal in Paragraph No.8 of its Order dated 04.07.2019 in O.A. No.3095/2014 were unnecessary and should stand deleted.

Court's answer

This Bench is of the considered view that unnecessary observations were made in the Order dated 04.07.2019 passed by the Central Administrative Tribunal in O.A. No.3095/2014.

Ratio / Principle

The observations made in Paragraph No.8 of the Order dated 04.07.2019 passed in O.A. No.3095/2014 shall stand deleted in both the petitions.

Key takeaways

The deletion of the aforestated observations would not affect the rights of the contesting parties, who remain at liberty to avail the remedies in accordance with law.obiter¶21

Detailed headnote1 paragraphs

High Court of Delhi (Anil Kshetarpal and Amit Mahajan, JJ.), order dated 05.02.2026 in W.P.(C) 10793/2020 & 10794/2020 — Dr. Bipin Batra v. National Board of Examinations & Anr.: Holding that unnecessary observations had been made by the Central Administrative Tribunal in Paragraph No.8 of its Order dated 04.07.2019 in O.A. No.3095/2014 (Smt. Rashmi Munjal v. National Board of Examinatin & Ors) — namely, that Dr. Batra, 'being in a dominant position', had 'virtually misguided the inquiry and ensured that the charges are proved' — the Court directed that those observations stand deleted in both petitions, clarified that the deletion would not affect the rights of the contesting parties (who remain at liberty to avail remedies in accordance with law), and disposed of the petitions, directing that a photocopy of the order be kept in the connected matter. Background: O.A. Nos.245/2014 and 3095/2014 filed by Respondent No.2 had been rendered infructuous by the Appellate Authority's Order dated 05.10.2018 setting aside her dismissal and reinstating her with Pay and Allowance for the period spent 'out of service', subject to a certificate of non-employment.

$~118 & 119

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 10793/2020 and CM APPL. 33846/2020

DR. BIPIN BATRA .....Petitioner Through: Mr. M K Dutta, Sr. Adv. with Mr. Archit Mudgal, Adv.

versus

NATIONAL BOARD OF EXAMINATIONS AND ANR

.....Respondents Through: Mr. A.K BEHRA, Mr. Kirtiman Singh, Sr. Advs. with Mr. Waize Ali Noor, Mr. Shashi Suman, Ms. Vidhi Jain, Mr. Zillur Rahman, Advs. for R-1. Mr. Puneet Rathi, Adv. for R-2.

(119)

W.P.(C) 10794/2020 and CM APPL. 33848/2020 DR BIPIN BATRA .....Petitioner

Through: Mr. M K Dutta, Sr. Adv. with Mr. Archit Mudgal, Adv.

versus NATIONAL BOARD OF EXAMINATIONS AND ANOTHER .....Respondents Through: Mr. A.K BEHRA, Mr. Kirtiman Singh, Sr. Advs. with Mr. Waize Ali Noor, Mr. Shashi Suman, Ms. Vidhi Jain, Mr. Zillur Rahman, Advs. for R-1. Mr. Puneet Rathi, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R % 05.02.2026

After hearing learned counsel representing the parties, this Bench is of the considered view that unnecessary observations were made in the Order dated 04.07.2019 passed by the Central Administrative Tribunal (‘CAT’) in O.A. No.3095/2014 captioned Smt. Rashmi Munjal v. National Board of Examinatin & Ors .

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 09/02/2026 at 13:02:35

O.A. Nos.245/2014 and 3095/2014, filed by the Respondent No.2 before CAT, were rendered infructuous in view of the Order dated 05.10.2018 passed by the Appellate Authority setting aside the Order of the dismissal of the Respondent No.2 and further reinstating her while holding that she will be entitled to Pay and Allowance for the period spent ‘out of service’, subject to a certificate that, she was not in employment, business, profession or vacation during the period spent ‘out of service’.

However, CAT, while disposing of the matter as infructuous, proceeded to make certain observations in Paragraph No.8 of the aforesaid Order dated 04.07.2019 passed in O.A. No.3095/2014. Keeping in view the aforesaid facts, the following observations made in the Paragraph No.8 of the said Order in both the Petitions, shall stand deleted:

“It appears that being in a dominant position, Dr. Batra had virtually misguided the inquiry and ensured that the charges are proved.”

Needless to observe that the deletion of the aforestated observations would not affect the rights of the contesting parties and they shall be at liberty to avail the remedies in accordance with law.

In view of the aforegoing directions, the present Petitions are disposed of.

A photocopy of the order passed today be kept in the connected matter.

ANIL KSHETARPAL, J.

AMIT MAHAJAN, J.

FEBRUARY 05, 2026 jai/shah/ad

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 09/02/2026 at 13:02:35