Soma Ghosh Vs The Union of India

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19116 of 2025

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Soma Ghosh daughter of Sri Santosh Kumar Ghosh, resident of Flat No. 303, KC Apartments, Aambagan, Sakchi, Jamshedpur, 831001, presently working as Assistant Commissioner, Kendriya Vidyalaya Sangathan, Regional Office, IGH Road, Kadvanthara, Near Rajiv Gandhi Indoor Stadium, Ernakulam, Kerala-682020.

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... ... Petitioner/s

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Versus

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The Union of India through the Secretary, Ministry of Education, 122-C, Shastri Bhawan, New Delhi-110001.

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The Commissioner, Kendriya Vidyalaya Sangathan (HQ), 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi-110016.

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Joint Commissioner (Admn.), Kendriya Vidyalaya Sangathan (HQ), 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi-110016.

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Smt. Preeti Saxena, Kendriya Vidyalaya Sangathan, Regional Office, Chandigarh, SCO 72-73, Sector 31-A, Dakshin Marg, Chandigarh-160030.

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Smt. Sukriti Raiwani, Kendriya Vidyalaya Sangathan, Dehradun Region, Salawala, Hathibarkala, Dehradun, Uttarakhand.

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Santhosh Kr N, Deputy Commissioner, Kendriya Vidyalaya Sangathan, Regional Office, IGH Road, Kadvanthara, Near Rajiv Gandhi Indoor Stadium, Ernakulam, Kerala-682020.

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Dr. Ajay Kumar Mishra, Deputy Commissioner, Kendriya Vidyalaya Sangathan, Regional Office, DLW Kanchanpur, Varanasi, Uttar Pradesh221004.

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Mr. Anurag Bhatnagar, Deputy Commissioner, Kendriya Vidyalaya Sangathan, Regional Office, Kankarbagh, Patna, 800020, presently working as Deputy Commissioner (Estt-1) and Public Information Officer, KVS (HQ), New Delhi.

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Mr. T. Pritam Singh @ Pritam Singh, Deputy Commissioner, Kendriya Vidyalaya Sangathan, Regional Office, Tinsukia, Campus Kendriya Vidyalaya Tinsukia, Raja Ali Road, Nau-Pukhri, Tinsukia-786125.

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Mr. P. Lyadurai Raja, Deputy Commissioner, Kendriya Vidyalaya Sangathan, Regional Office, Near Lions Eye Hospital, Captain N.M. Gupta Sarani, Silchar-788001.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Abhay Shankar Singh, Advocate Mr. Rakesh Mohan Singh, Advocate For the UoI : Mr. Aarsh Kumar, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY

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Patna High Court CWJC No.19116 of 2025(4) dt.24-02-2026 2/4

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ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

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4 24-02-2026 The present writ petition has been filed against the

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order dated 02.07.2025 passed by the learned Central Administrative Tribunal, Patna Bench, Patna (hereinafter referred to as “the learned CAT”) in O.A./050/00661/2023 whereby and whereunder the original application filed by the petitioner herein has been dismissed in view of the fact that the issue under consideration has already attained finality, hence the learned CAT has thought it proper not to interfere with the final result/panel dated 22.03.2023.

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The learned counsel for the petitioner has submitted that the applicant who is an employee of Kendriya Vidyalaya Sangathan was initially appointed as a post graduate teacher and at the relevant time she was working as Assistant Commissioner in Kendriya Vidyalaya Sangathan, Regional office, Kankarbagh, Patna. In the month of December, 2022 an advertisement was issued by the Kendriya Vidyalaya Sangathan for appointment of seven Deputy Commissioner by way of direct recruitment, in response whereof the petitioner had also applied, whereafter she had appeared in the interview held by the Kendriya Vidyalaya Sangathan, however her name did not find place in the list of selected candidates. In the meantime one of the candidates Mr.

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Patna High Court CWJC No.19116 of 2025(4) dt.24-02-2026 3/4

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T. Pritam Singh @ Pritam Singh (Respondent No. 9) whose name had though appeared in the list of selected candidates, could not be finally appointed by the Kendriya Vidyalaya Sangathan on account of him not fulfilling the eligibility of one year experience as Assistant Commissioner. Being aggrieved, the Respondent No. 9 had moved the learned CAT, Principal Bench, New Delhi by filing O.A. No. 718 of 2024 and the learned CAT by a judgment dated 22.07.2024 has held as follows:-

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25. We thus find merit in the Application. We accordingly allow the application and direct respondent no. 2 (KVS) to consider and appoint the applicant to the post of Deputy Commissioner on the basis of selection notified vide select panel 22.03.2023 with consequential benefits. This entire exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order. No costs.

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The Kendriya Vidyalaya Sangathan had challenged the aforesaid judgment dated 22.07.2024, passed by the learned CAT, Principal Bench, New Delhi before the High Court of Delhi at New Delhi by filing a writ petition bearing WP(C) No. 16944/2025, however the learned Division Bench of the High Court of Delhi at New Delhi vide judgment dated 09.12.2024 had dismissed the said writ petition by holding that there is no

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Patna High Court CWJC No.19116 of 2025(4) dt.24-02-2026 4/4

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reason to interfere with the impugned judgment passed by learned Central Administrative Tribunal, Principal Bench, New Delhi dated 22.07.2024, which is upheld in its entirety.

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In view of the aforesaid sequence of events, the learned counsel for the petitioner fairly submits that liberty be granted to the petitioner to enable her to avail such remedies as are otherwise available under the law by approaching appropriate Court of law/Forum(s) at New Delhi.

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We find that in case it is permissible under the law for the petitioner to avail suitable remedies by approaching a competent Court of law/Forum(s) for redressal of her grievance, no liberty is required.

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Accordingly, the present writ petition stands disposed of, nonetheless while granting the aforesaid liberty, as sought for by the petitioner.

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(Mohit Kumar Shah, J)

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(Alok Kumar Pandey, J)

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alok/-

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Soma Ghosh v. The Union of India

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Soma Ghosh v. The Union of India

Case brief

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