Disposed¶23

Kendreya Vidyalaya Teachers Welfare Associatioin v. Union of India and Others

Punjab & Haryana HC21 May 2025CWP/9318/2024

Case brief

AI extract

What is this about?

KVTWA; Kendriya Vidyalaya Teachers Welfare Association; Kendriya Vidyalaya Sangathan (Recognition of Association) Rules 1995; RSA Rules 1995; membership drive 2024; proposed teaching staff association; mandamus; consideration of fresh application; speaking order on refusal; respondents No. 2 & 3 to decide within 15 days; writ petition disposed; High Court of Punjab and Haryana at Chandigarh; Justice Kuldeep Tiwari; 21.05.2025; CWP-9318-2024 (O&M).

What did the court decide?

Mandamus to respondents No. 2 & 3 to consider the petitioner association's membership application (to be made within seven days of the order) and take a final decision within 15 days thereafter; petition disposed of accordingly. ¶23

Kendreya Vidyalaya Teachers Welfare Associatioin Vs Union of India and Others — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether respondents No. 3 & 4 should accept the petitioner association's willingness and allow it to participate in the membership drive for the year 2024 as a proposed teaching staff association under the Kendriya Vidyalaya Sangathan (Recognition of Association) Rules, 1995. +1 more

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Ratio / Principle

The Court found the petitioner's second prayer (fresh application to be considered, with a speaking order on refusal) to be bona fide and innocuous.

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Key takeaways

Mandamus issued to respondents No. 2 & 3: if the petitioner association applies for membership within seven days of the order, they shall consider the application and take a final decision thereupon within 15 days thereafter.ratio¶22

Detailed headnote1 paragraphs

Punjab & Haryana High Court (Kuldeep Tiwari, J., oral), decision dated 21.05.2025, CWP-9318-2024 (O&M): Kendriya Vidyalaya Teachers Welfare Association (KVTWA) had sought directions to respondents No. 3 & 4 to accept its willingness and allow it to participate in the membership drive for the year 2024 as a proposed teaching staff association under the Kendriya Vidyalaya Sangathan (Recognition of Association) Rules 1995 ('RSA Rules, 1995'). Learned counsel for the petitioner submitted that the original prayer stood rendered infructuous because respondents No. 3 & 4 had initiated a fresh membership-drive process, and prayed that the petitioner be permitted to apply afresh, with a mandamus that its application be considered and, in case of refusal, a speaking order be passed. Finding the second prayer bona fide and innocuous, the Court issued mandamus to respondents No. 2 & 3 that if the petitioner association applied for membership within seven days, they would consider the application and take a final decision within 15 days thereafter. The petition was disposed of accordingly. No precedent was cited; no quantum or costs involved.

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CWP-8609-2024 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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250

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CWP-9318-2024 (O&M) Date of decision: 21.05.2025

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Kendriya Vidyalaya Teachers Welfare Association (KVTWA)

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... Petitioner

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Versus

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Union of India and others

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... Respondents

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CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI

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Present: Mr. Manpreet Singh Dua, Advocate for the petitioner.

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Mr. Aseem Aggarwal, Standing counsel for respondents-Union of India.

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Mr. Gaurav Chopra, Sr. Advocate with Mr. Nikhil Sabharwal, Advocate for respondent No. 5. Mr. Kamal Choudhary, Advocate for respondent No.4.

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Mr. Adarsh Jain, Advocate with Ms. Kamaldeep Kaur, Advocate for respondent No.6. ****

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KULDEEP TIWARI, J.(oral)

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Through the instant petition, Kendriya Vidyalaya Teachers Welfare Association (KVTWA), has approached this Court seeking directions upon respondents No. 3 & 4, to accept the willingness, and allow the petitioner association to participate in the membership drive for the year SATYAWAN2024, as proposed teaching staff association, as per Kendriya Vidyalaya 2025.05.30 11:48 I attest to the accuracy and integrity of this document

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CWP-8609-2024 (O&M)

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Sangathan (Recognition of Association) Rules 1995 (RSA Rules, 1995).

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At the very outset, learned counsel for the petitioner submits that though the prayer made in the instant petition has been rendered infructuous, however, he submits that now the fresh process of membership drive, has been initiated by respondents No.3 & 4, therefore, they want to apply afresh, and a mandamus be passed upon the respondents No. 3 & 4, to consider their applications, and in case of refusal, pass a speaking order.

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The second prayer, as made by the learned counsel for the petitioner, seems to be bona fide and innocuous , therefore, this Court deems it apt to issue mandamus, upon respondents No.2 & 3 that in case, the petitioner association applies for a membership, within seven days from passing of this order, the latter shall consider the same, and take a final decision thereupon, within 15 days thereafter.

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Disposed of accordingly.

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21.05.2025 (KULDEEP TIWARI) Satyawan JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No

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SATYAWAN 2025.05.30 11:48 I attest to the accuracy and integrity of this document

Kendreya Vidyalaya Teachers Welfare Associatioin v. Union of India and Others

Case brief

What is this about?

What did the court decide?

Kendreya Vidyalaya Teachers Welfare Associatioin v. Union of India and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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