Rajesh Pandey @ Rajesh v. Union of India Thru. Secy. Ministry Human Resource Development and 3 Others

Court No. - 7 Case :- WRIT - A No. - 9874 of 2023 Petitioner :- Rajesh Pandey @ Rajesh Respondent :- Union Of India Thru. Secy. Ministry Human Resource Development And 3 Others Counsel for Petitioner :- Satish Kumar Counsel for Respondent :- A.S.G.I.,Nishant Shukla Hon'ble Abdul Moin,J. Heard learned counsel for the petitioner, Shri Varun Pandey, learned Counsel for the respondent no. 1 and Shri Nishant Shukla, learned counsel for the respondents no. 2 to 4. Preliminary objection has been taken that Navodaya Vidyalaya Samiti has been notified under Section 14 of the Administrative Tribunals Act, 1985 before the Central Administrative Tribunal and the instant writ petition would not be maintainable before this Court keeping in view the judgement of Hon'ble Supreme Court in the case of L. Chandra Kumar vs Union of India,

(1997) 3 SCC 261. Considering the aforesaid, the preliminary objection is upheld. Considering that Hon'ble Apex Court in the case of L. Chandra Kumar (supra) has held that the Court of first instance would be learned Central Administrative Tribunal as such the writ petition is dismissed leaving it open to the petitioner to approach the Central Administrative Tribunal for redressal of his grievance. Order Date :- 21.12.2023 J.K. Dinkar High Court of Judicature at Allahabad, Lucknow Bench