Patna High Court
Soma GhoshversusThe Union of India
- Decided
- Disposal
- DISPOSED
Holding
The writ petition is dismissed as the CAT order has attained finality and the petitioner may seek remedy in the appropriate forum.
Summary
Soma Ghosh, an Assistant Commissioner in Kendriya Vidyalaya Sangathan (KVS), applied for a Deputy Commissioner post through a direct recruitment advertisement in December 2022 but was not selected. Another candidate, T. Pritam Singh, was selected but could not be appointed due to lack of required experience, leading him to file an application before the Central Administrative Tribunal (CAT), Patna Bench. The CAT ordered KVS to appoint Ghosh to the post based on the selection panel dated 22‑03‑2023. KVS challenged this order in the Delhi High Court, which dismissed the challenge and upheld the CAT’s decision. Ghosh then filed a writ petition in the Patna High Court contending that the CAT order had attained finality and seeking liberty to approach another forum for redress. The Patna High Court held that the petition was not maintainable as the matter was already decided and that Ghosh could pursue the appropriate remedy in a competent court, thereby disposing of the writ petition.
Issues considered
- The writ petition is maintainable when the order of the Central Administrative Tribunal has attained finality.
- Whether the petitioner should be granted liberty to approach another court for redress.
- The jurisdiction of the High Court to interfere with a CAT order upheld by the Delhi High Court.
Subjects
- writ petition
- Central Administrative Tribunal
- finality of orders
- appointment
- Kendriya Vidyalaya Sangathan
- administrative law
- jurisdiction
- liberty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19116 of 2025
======================================================
Soma Ghosh daughter of Sri Santosh Kumar Ghosh, resident of Flat No. 303,
KC Apartments, Aambagan, Sakchi, Jamshedpur, 831001, presently working
as Assistant Commissioner, Kendriya Vidyalaya Sangathan, Regional Office,
IGH Road, Kadvanthara, Near Rajiv Gandhi Indoor Stadium, Ernakulam,
Kerala-682020.
... ... Petitioner/s
Versus
1. The Union of India through the Secretary, Ministry of Education, 122-C,
Shastri Bhawan, New Delhi-110001.
2. The Commissioner, Kendriya Vidyalaya Sangathan (HQ), 18, Institutional
Area, Shaheed Jeet Singh Marg, New Delhi-110016.
3. Joint Commissioner (Admn.), Kendriya Vidyalaya Sangathan (HQ), 18,
Institutional Area, Shaheed Jeet Singh Marg, New Delhi-110016.
4. Smt. Preeti Saxena, Kendriya Vidyalaya Sangathan, Regional Office,
Chandigarh, SCO 72-73, Sector 31-A, Dakshin Marg, Chandigarh-160030.
5. Smt. Sukriti Raiwani, Kendriya Vidyalaya Sangathan, Dehradun Region,
Salawala, Hathibarkala, Dehradun, Uttarakhand.
6. Santhosh Kr N, Deputy Commissioner, Kendriya Vidyalaya Sangathan,
Regional Office, IGH Road, Kadvanthara, Near Rajiv Gandhi Indoor
Stadium, Ernakulam, Kerala-682020.
7. Dr. Ajay Kumar Mishra, Deputy Commissioner, Kendriya Vidyalaya
Sangathan, Regional Office, DLW Kanchanpur, Varanasi, Uttar Pradesh-
221004.
8. Mr. Anurag Bhatnagar, Deputy Commissioner, Kendriya Vidyalaya
Sangathan, Regional Office, Kankarbagh, Patna, 800020, presently working
as Deputy Commissioner (Estt-1) and Public Information Officer, KVS
(HQ), New Delhi.
9. Mr. T. Pritam Singh @ Pritam Singh, Deputy Commissioner, Kendriya
Vidyalaya Sangathan, Regional Office, Tinsukia, Campus Kendriya
Vidyalaya Tinsukia, Raja Ali Road, Nau-Pukhri, Tinsukia-786125.
10. Mr. P. Lyadurai Raja, Deputy Commissioner, Kendriya Vidyalaya
Sangathan, Regional Office, Near Lions Eye Hospital, Captain N.M. Gupta
Sarani, Silchar-788001.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Shankar Singh, Advocate
Mr. Rakesh Mohan Singh, Advocate
For the UoI : Mr. Aarsh Kumar, CGC
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
Patna High Court CWJC No.19116 of 2025(4) dt.24-02-2026
2/4
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
4 24-02-2026 The present writ petition has been filed against the
order dated 02.07.2025 passed by the learned Central
Administrative Tribunal, Patna Bench, Patna (hereinafter
referred to as “the learned CAT”) in O.A./050/00661/2023
whereby and whereunder the original application filed by the
petitioner herein has been dismissed in view of the fact that the
issue under consideration has already attained finality, hence the
learned CAT has thought it proper not to interfere with the final
result/panel dated 22.03.2023.
2. The learned counsel for the petitioner has submitted
that the applicant who is an employee of Kendriya Vidyalaya
Sangathan was initially appointed as a post graduate teacher and
at the relevant time she was working as Assistant Commissioner
in Kendriya Vidyalaya Sangathan, Regional office, Kankarbagh,
Patna. In the month of December, 2022 an advertisement was
issued by the Kendriya Vidyalaya Sangathan for appointment of
seven Deputy Commissioner by way of direct recruitment, in
response whereof the petitioner had also applied, whereafter she
had appeared in the interview held by the Kendriya Vidyalaya
Sangathan, however her name did not find place in the list of
selected candidates. In the meantime one of the candidates Mr.
Patna High Court CWJC No.19116 of 2025(4) dt.24-02-2026
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T. Pritam Singh @ Pritam Singh (Respondent No. 9) whose
name had though appeared in the list of selected candidates,
could not be finally appointed by the Kendriya Vidyalaya
Sangathan on account of him not fulfilling the eligibility of one
year experience as Assistant Commissioner. Being aggrieved,
the Respondent No. 9 had moved the learned CAT, Principal
Bench, New Delhi by filing O.A. No. 718 of 2024 and the
learned CAT by a judgment dated 22.07.2024 has held as
follows:-
25. We thus find merit in the
Application. We accordingly allow the
application and direct respondent no. 2 (KVS)
to consider and appoint the applicant to the
post of Deputy Commissioner on the basis of
selection notified vide select panel 22.03.2023
with consequential benefits. This entire exercise
shall be completed within a period of four
weeks from the date of receipt of a copy of this
order. No costs.
3. The Kendriya Vidyalaya Sangathan had challenged
the aforesaid judgment dated 22.07.2024, passed by the learned
CAT, Principal Bench, New Delhi before the High Court of
Delhi at New Delhi by filing a writ petition bearing WP(C) No.
16944/2025, however the learned Division Bench of the High
Court of Delhi at New Delhi vide judgment dated 09.12.2024
had dismissed the said writ petition by holding that there is no
Patna High Court CWJC No.19116 of 2025(4) dt.24-02-2026
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reason to interfere with the impugned judgment passed by
learned Central Administrative Tribunal, Principal Bench, New
Delhi dated 22.07.2024, which is upheld in its entirety.
4. In view of the aforesaid sequence of events, the
learned counsel for the petitioner fairly submits that liberty be
granted to the petitioner to enable her to avail such remedies as
are otherwise available under the law by approaching
appropriate Court of law/Forum(s) at New Delhi.
5. We find that in case it is permissible under the law
for the petitioner to avail suitable remedies by approaching a
competent Court of law/Forum(s) for redressal of her grievance,
no liberty is required.
6. Accordingly, the present writ petition stands
disposed of, nonetheless while granting the aforesaid liberty, as
sought for by the petitioner.
(Mohit Kumar Shah, J)
(Alok Kumar Pandey, J)
alok/-
U
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