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High Court of DelhiW.P.(C)/6859/2025

Yogesh Beniwal v. Central Board Of Secondary Education

2025-05-21Hon'Ble Mr. Justice Prateek Jalan2 pages

$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6859/2025 and CM APPL. 31087/2025 YOGESH BENIWAL .....Petitioner Through:

Mr. Naman Tandon, Advocate.

versus CENTRAL BOARD OF SECONDARY EDUCATION .....Respondent Through:

Mr. M.A. Niyazi, SC for CBSE with Ms. Anamika Ghai Niyazi, Ms. Kirti Bhardwaj, Ms. Nehmat Sethi and Mr.

Arquam Ali, Advocates.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 21.05.2025 1.

The grievance raised by the petitioner in this petition under Article 226 of the Constitution are admittedly amenable to the jurisdiction of the Central Administrative Tribunal ["CAT"] under the Administrative Tribunals Act, 1985. The judgment of the Supreme Court in L. Chandra Kumar v. Union of India and Others, (1997) 3 SCC 261, interpreted inter alia in a Division Bench decision of this Court in Parikshit Grewal & Ors. v. Union of India & Anr. [LPA 971/2024, decided on 27.09.2024], clearly holds that the writ Court ought not to adjudicate disputes at the first instance, if they fall within the jurisdiction of CAT. 2.

After some hearing, learned counsel for the petitioner seeks permission to withdraw this writ petition, with liberty to approach the 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 01/07/2025 at 20:02:26

CAT on the same cause of action.

3.

The petition, alongwith the pending application, is dismissed as withdrawn, with liberty as aforesaid.

PRATEEK JALAN, J MAY 21, 2025 UK/kb/ 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 01/07/2025 at 20:02:26