Shivam Yadav vs Union Of India Thru. Secy. ...
2023 Latest Caselaw 18252 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:47090
 
Court No. - 7
 

 
Case :- WRIT - A No. - 5124 of 2023
 

 
Petitioner :- Shivam Yadav
 
Respondent :- Union Of India Thru. Secy. Ministry Of Education, Govt. Of India, New Delhi And 5 Others
 
Counsel for Petitioner :- Aditya Tiwari
 
Counsel for Respondent :- A.S.G.I.,Nishant Shukla
 

 
Hon'ble Abdul Moin,J.

Heard learned counsel for the petitioner, Sri Varun Pandey, learned counsel for respondent no.1 and Sri Nishant Shukla, learned counsel for respondents no.2 to 4.

Instant petition has been filed against Navodaya Vidyalaya Samiti.

Sri Varun Pandey and Sri Nishant Shukla, learned counsels for the respondents, point out that a notification has been issued notifying Navodaya Vidyalaya Samiti under Section 14 of the Administrative Tribunals Act, 1985. Placing reliance on the judgment of Hon'ble Apex Court in the case of L. Chandra Kumar vs. Union of India and others reported in AIR 1997 SC 1125, it is contended that the Court of first instance is the Tribunal and consequently the Court may not entertain the petition.

Considering the provisions of the aforesaid Act and keeping in view the law laid down by the Constitution Bench of the Apex Court in the case of L. Chandra Kumar (supra), the Court of first instance is the Central Administrative Tribunal. Accordingly, the writ petition is dismissed leaving it open to the petitioner to approach the Central Administrative Tribunal.

Order Date :- 19.7.2023

A. Katiyar