Neeraj Kumar v. Union Of India & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 5231/2026, CM APPL. 25559/2026, CM APPL. 25560/2026 & CM APPL. 25561/2026 NEERAJ KUMAR .....Petitioner Through:

Mr. Jayesh K. Unnikrishnan, Ms.

Sasmita Tripathy, Ms. Smriti Parija, Advocates.

versus UNION OF INDIA & ORS.

.....Respondents Through:

Mr. Ankur Mittal, CGSC with Mr.

Aviraj Pandey, Advocate for R-1 & 3.

Mr. Ravinder Agarwal, Mr. Manish Kumar Singh, Mr. Vasu Agarwal, Advocates for R-2.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 20.04.2026 1.

This writ petition seeks the following reliefs: "a) Issue Writ of Certiorari thereby quashing and setting aside the impugned Advertisement No. 06/2025 (Vacancy No. 25050601224) issued by Respondent No. 2.

b) Issue Writ of Mandamus directing the Respondents to undertake the recruitment process for the post of Legal Officer Grade-I strictly in accordance with the Ministry of External Affairs, Legal and Treaties Division, Group 'A' Posts Recruitment Rules, 2024, by adhering to the 75% promotion quota, and notifying vacancies to eligible feeder cadre officers prior to resorting to direct recruitment;

c) Issue ad interim order staying the operation and implementation of the impugned Advertisement No. 06/2025, including the scheduled interviews and any further selection proceedings, during the pendency of the present writ petition The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/04/2026 at 12:11:39

d) To pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of this case." 2.

Counsel for the Respondents, at the outset, objects to the maintainability of the petition on the ground that the present dispute pertains to service matters concerning a Central Government employee in the Ministry of External Affairs and, therefore, the Petitioner has an efficacious alternative remedy before the Central Administrative Tribunal. Reliance is placed on the judgment of the Supreme Court in L. Chandra Kumar v. Union of India & Ors.,1 to contend that service disputes of this nature must first be agitated before the CAT rather than by invoking the writ jurisdiction of this Court.

3.

In view of the above, counsel for the Petitioner seeks leave to withdraw the present petition with liberty to approach the Central Administrative Tribunal, in accordance with law. 4.

Leave and liberty as prayed for are granted.

5.

Dismissed along with pending application.

SANJEEV NARULA, J APRIL 20, 2026/ab 1 (1997) 3 SCC 261.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/04/2026 at 12:11:39