Kendriya Vidyalaya Sangathan & Ors vs Subhas Sharma

The Supreme Court held that the provisions of Article 323-A of the Constitution do not apply to the State of Jammu and Kashmir, as established by the Full Bench of the J&K High Court in Kuldip Khud vs. Masud Ahmad. The Court reaffirmed that the jurisdiction of the High Court under Article 226/227 and Section 103 of the J&K Constitution remains intact despite the existence of alternative forums provided by the Administrative Tribunal Act, 1985. The Court further clarified that the decision in Chandra Kumar's case (1997) 3 SCC 261 invalidated Clause 2(d) of Article 323-A, thereby ensuring the High Court's power of judicial review is preserved in service matters.