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High Court of DelhiW.P.(C)/6924/2018

Dr Vivekanand B Jadhav v. Ministry Of Health And Family Welfare & ANR

2024-11-25Hon'Ble Ms. Justice Jyoti Singh2 pages

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6924/2018 and CM APPL. Nos. 26250/2018, 29131/2018 and 5044/2020 DR VIVEKANAND B JADHAV .....Petitioner Through:

Mr.

Pulkit Prakash, Mr.

Arjun Mohan, Mr. Chirantan Krishna and Ms. Arushi Sharma, Advocates.

versus MINISTRY OF HEALTH AND FAMILY WELFARE & ORS.

.....Respondents Through:

Ms. Monika Arora, CGSC with Mr.

Subhrodeep Saha and Ms. Raadhika Kurdukar, Advocates for R1 and R2.

Mr. Rishikant Singh and Mr. Dinesh Kumar, Advocates for R3.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 25.11.2024 1.

During the course of hearing, learned counsel appearing on behalf of Respondents No. 1 and 2 has taken an objection to the maintainability of this writ petition on the ground that both the official Respondents, i.e., Ministry of Health and Family Welfare and Pasteur Institute of India are amenable to the jurisdiction of the Administrative Tribunal and in support hands over a copy of the notification, whereby Pasteur Institute of India is notified under Section 14 (2) of the Administrative Tribunals Act, 1985. W.P.(C) 6924/2018 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 03/07/2025 at 20:56:00

2.

There is merit in the contention of the Respondents. In view of the judgment of the Supreme Court in L. Chandra Kumar v. Union of India and Others, (1997) 3 SCC 261, Central Administrative Tribunal is the only Court of first instance, to adjudicate the dispute raised by the Petitioner. 3.

Accordingly, this writ petition is disposed of granting liberty to the Petitioner to approach the Central Administrative Tribunal, in accordance with law. Pending applications also stand disposed of. 4.

Needless to state, if the question of limitation is raised before the Tribunal by the Respondents, learned Tribunal may take into account the factum of pendency of this writ petition in this Court which the Petitioner had filed under the bonafide impression that a writ petition is maintainable. JYOTI SINGH, J NOVEMBER 25, 2024/jg W.P.(C) 6924/2018 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 03/07/2025 at 20:56:00