Disposed¶23

Akanksha Jain v. Kendriya Vidyalaya Sangathan & Anr.

Delhi HC9 Mar 2026W.P.(C)/2914/2026

Case brief

AI extract

What is this about?

Maintainability of writ petition; alternative remedy; Central Administrative Tribunal jurisdiction; Kendriya Vidyalaya Sangathan notified authority Section 14 Administrative Tribunals Act 1985; L. Chandra Kumar v. Union of India (1997) 3 SCC 261; Child Care Leave in continuation of maternity leave Rule 43(4)(b) Central Civil Services (Leave) Rules 1972; impugned orders 13.03.2025, 28.06.2025, 23.08.2025, 01.09.2025; arrears of salary House Rent Allowance CGHS; withdrawal with liberty to approach CAT; merits left open; disposed of; Sanjeev Narula J; Delhi High Court; 09.03.2026.

What did the court decide?

Leave and liberty to withdraw the petition and approach the Central Administrative Tribunal in accordance with law; no substantive relief granted; merits and all rights and contentions left open. ¶23

Akanksha Jain Vs Kendriya Vidyalaya Sangathan & Anr. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Leave and liberty to withdraw the petition and approach the Central Administrative Tribunal in accordance with law; no substantive relief granted; merits and all rights and contentions left open.

¶23

Issue for consideration

Whether the present writ petition is maintainable before this Court, given that Kendriya Vidyalaya Sangathan is a notified authority under Section 14 of the Administrative Tribunals Act, 1985, the dispute falls within the jurisdiction of the Central Administrative Tribunal, and the Petitioner has an efficacious alternative remedy before the Tribunal.

¶20

Court's answer

On the maintainability objection grounded in the Tribunal's jurisdiction under Section 14 of the Administrative Tribunals Act, 1985 and L. Chandra Kumar v. Union of India & Ors., the Court granted the Petitioner leave and liberty to withdraw the writ petition and approach the Central Administrative Tribunal in accordance with law.

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Ratio / Principle

The Court expressly recorded that it had not commented on the merits of the case, and all rights and contentions of the parties were left open.

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Detailed headnote1 paragraphs

High Court of Delhi (Sanjeev Narula, J.), W.P.(C) 2914/2026 & CM APPL. 14090/2026, order dated 09.03.2026: Petitioner Akanksha Jain sought (a) certiorari declaring four Kendriya Vidyalaya Sangathan orders dated 13.03.2025, 28.06.2025, 23.08.2025 and 01.09.2025 arbitrary and illegal, sanction of Child Care Leave in continuation of maternity leave per Rule 43(4)(b) of the Central Civil Services (Leave) Rules, 1972, and withdrawal of punitive notices treating her leave as unauthorized, and (b) mandamus for release of arrears of salary, House Rent Allowance, CGHS benefits and other dues for the maternity/child care leave period. Respondents objected to maintainability, submitting that KVS is a notified authority under Section 14 of the Administrative Tribunals Act, 1985, the dispute falls within CAT jurisdiction, and citing L. Chandra Kumar v. Union of India & Ors., (1997) 3 SCC 261, the Petitioner having an efficacious alternative remedy before the Tribunal. Counsel for the Petitioner thereupon sought leave to withdraw with liberty to approach the CAT; leave and liberty were granted. The Court expressed no opinion on the merits; all rights and contentions were left open. Disposed of along with pending applications.

¶1

$~84

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 2914/2026 & CM APPL. 14090/2026

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AKANKSHA JAIN

¶5

.....Petitioner

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Through: Mr. Mayank Wadhwa and Ms. Kanishka Chandnani, Advocates.

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versus

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KENDRIYA VIDYALAYA SANGATHAN & ANR.

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.....Respondents Through: Mr. S. Rajappa, Mr. R. Gowrishankar and Ms. G. Dhivyasri, Advocates for all Respondents.

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CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

09.03.2026

This writ petition seeks the following relief:

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“a) Issue a writ of certiorari thereby declaring impugned orders dated 13.03.2025, 28.06.2025, 23.08.2025 and 01.09.2025 as 35 arbitrary and illegal and further direct the Respondents to sanction Child Care Leave in continuation of maternity leave in accordance with Rule 43(4)(b) of the Central Civil Services (Leave) Rules, 1972, and withdraw any punitive notices or office orders treating the Petitioner's leave as unauthorized;

¶16

b) Issue a writ of mandamus and/or any other writ, order or direction of the similar nature directing the Respondents to forthwith release all arrears of salary, House Rent Allowance, CGHS benefits, and all other legitimate dues to the Petitioner for the entire period of maternity and child care leave.”

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At the outset, counsel for the Respondents object to the maintainability of the present petition on the ground that Kendriya

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This is a digitally signed order.

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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 11/03/2026 at 10:40:45

¶20

Vidyalaya Sangathan, New Delhi is a notified authority under Section 14 of the Administrative Tribunals Act, 1985 and the dispute raised herein falls within the jurisdiction of the Central Administrative Tribunal. It is submitted that, in view of the judgment of the Supreme Court in L. Chandra Kumar v. Union of India & Ors. ,¹ the Petitioner, having an efficacious alternative remedy before the Tribunal, cannot invoke the writ jurisdiction of this Court. 3. In view of the above, counsel for the Petitioner seeks leave to withdraw the present petition with liberty to approach the Central Administrative Tribunal, in accordance with law.

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Leave and liberty as prayed for, are granted.

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The Court has not commented on the merits of the case. All rights and contentions of the parties are left open.

¶23

Disposed of, along with any pending applications.

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SANJEEV NARULA, J

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MARCH 9, 2026/ hc

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1 (1997) 3 SCC 261.

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This is a digitally signed order.

¶28

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 11/03/2026 at 10:40:45

Akanksha Jain v. Kendriya Vidyalaya Sangathan & Anr.

Case brief

What is this about?

What did the court decide?

Akanksha Jain v. Kendriya Vidyalaya Sangathan & Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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