PRIYA CHAUHAN AND ORS. vs UNION OF INDIA AND ORS.

Judgment text excerpt

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on: 09th July 2025 + W.P.(C) 9410/2025 PRIYA CHAUHAN AND ORS. .....Petitioners Through: Ms. Aishwarya Dobhal, Mr. Albar Qureshi, & Ms. Mansi Bidhuri, Advocates. versus UNION OF INDIA AND ORS. .....Respondents Through: Mr. Ripu Daman Bhardwaj, CGSC & & Mr. Kautilya Birat, GP with Mr. Kushagra Kumar, Mr. Kumar Rana, Advocates for R-1. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J. (ORAL) CM APPL. 39730/2025 (exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of. W.P.(C) 9410/2025 and CM APPL. 39729/2025 (ad-interim directions) 1. The petitioners have filed this writ petition under Article 226 of the Constitution assailing the “Recruitment Rules for Teaching and Non- Teaching posts in KVS-revised” notified on 20.03.2025 [“Recruitment Rules”] by the respondent No. 2- Kendriya Vidyalaya Sangathan [“KVS”]. 2. The uncontested position is that KVS is a notified entity for the purposes of jurisdiction of the Central Administrative Tribunal [“Tribunal”] under Section 14 of the Administrative Tribunals Act, 1985 Signature Not Verified Signed By:SOMYA W.P.(C) 9410/2025 Page 1 of 9 SATIJA Signing Date:11.07.2025 20:11:31 [“the Act”]. I have, therefore, put it to Ms. Aishwarya Dobhal, learned counsel for the petitioners, that the challenge must first be instituted before the Tribunal, in accordance with the judgment of the Constitution Bench in L. Chandra Kumar v. Union of India and Others1, and several judgments which follow the same view. 3. Ms. Dobhal’s first argument is that the Tribunal does not have jurisdiction to consider the challenge to the Recruitment Rules, particularly as no recruitment process is in progress. 4. I am not persuaded by this argument. It may first