Smt. Neena Chaudhary vs Kendriya Vidyalaya Sangathan ...
2023 Latest Caselaw 8132 MP

                                    1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                              MP No. 2950 of 2023
       (SMT. NEENA CHAUDHARY Vs KENDRIYA VIDYALAYA SANGATHAN (KVS) AND OTHERS)

Dated : 25-05-2023
       Shri Utkarsh Agarwal - Advocate for the petitioner.

       Shri Manish Verma - Advocate for respondent nos.1 and 2.

Shri Sandeep Shukla - Advocate for respondent no.3.

Though the office has raised an objection as to territorial jurisdiction of the Court but reliance is placed by learned counsel for the petitioner to the

decision of Supreme Court in Union of India v. Alpan Bandhpadhyay 2022 Live Law (SC) 12 wherein reading para 16 of the said judgment it is pointed out that the High Court, within whose territorial jurisdiction the Tribunal, as created under Article 323-A and Article 323-B of the Constitution, falls, then the orders and judgments of the said Tribunal shall be subject to scrutiny before a Division Bench of the High Court within whose jurisdiction the concerned Tribunal falls.

Learned counsel for respondent nos.1 and 2 submits that he has no objection with regard to the territorial jurisdiction and emphatically submits that,

in fact, territorial jurisdiction will be of the High Court of Madhya Pradesh at the Principal Seat at Jabalpur and the orders under challenge are passed by the Central Administrative Tribunal, Jabalpur Bench, Jabalpur.

Looking to this statement made by learned counsel for respondent nos.1 and 2, the office objection is overruled, as it was overruled earlier also by a co- ordinate Division Bench of this Court vide order dated 3.3.2023.

Learned counsel for the petitioner submits that in the order, Annexure P/5 dated 29.3.2023, while deciding the representation of the petitioner, it is

mentioned that there was shortfall of the 1455 teachers across the country and, therefore, in the institutional interest with a view to rationalize 50% regular teaching staff to all the Kendriya Vidyalayas (KVs) was provided whereas persons who have been transferred were from 481 KVs having 80% or more teaching staff on its roll have been transferred to around 237 KVs, which have been identified having less than 50% of regular teaching staff, it was in administrative exigency that existed at the relevant point of time.

Upon reading Annexure A/6, dated 2.11.2022, it is clear that notification was issued for filling up various posts. Reading from advertisement no.16/22 for direct recruitment of primary teachers in Kendriya Vidyalaya Sanghthan

(KVS) points out that 6414 primary teachers are going to be recruited.

Learned counsel for respondent nos.1 and 2, admits that this recruitment process is likely to be completed by 30.5.2023.

When learned counsel for respondent nos.1 and 2 was given an option that the authorities of the Sangthan be given liberty to examine re-deployment of transferred teachers after infusion of fresh faculties in terms of advertisement no.16/22, he submits that he had made a statement before the Central Administrative Tribunal, Jabalpur, and is reiterating today that these faculties will be used as back-up faculties to be deployed in the North-East and hard station postings. However, there is no material available on record and this cannot be deciphered from the advertisement no.16/22.

Learned counsel for the petitioner presses for interim relief but at this stage when the petitioner already stands relieved, no interim relief can be granted without obtaining the affidavit from the Commissioner, Kendriya Vidyalaya Sanghthan (KVS). Commissioner will also be free to mention that if they propose to post these newly recruited persons to the stations where there

existed deficiency of faculties and the authorities are open to re-consider the case of the petitioner/petitioners then that may also be brought on record by way of affidavit of the Commissioner, Kendriya Vidyalaya Sanghthan (KVS).

Let the Commissioner, Kendriya Vidyalaya Sanghthan (KVS) file a personal affidavit that these newly recruited 6414 primary teachers will or will not be deployed to schools where deficiency of the faculties exists which became the cause for transfers or are meant exclusively for deployment in hard stations and North-Eastern States of India. Commissioner shall bring on record the vacancy position of PRT in North-East Region and hard stations.

Let the affidavit be filed by the Commissioner, Kendriya Vidyalaya Sanghthan (KVS) within ten days.

List this case on 8.6.2023 on top of the list.

Certified copy as per rules.

     (VIVEK AGARWAL)                                (PREM NARAYAN SINGH)
          V. JUDGE                                       V. JUDGE

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PRASHANT SHRIVASTAVA
2023.05.26 10:06:55
+05'30'