Sanjay Kumar v. Kendriya Vidyalaya Sangathan And Others

CWP-12555-2026

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP-12555-2026 DATE OF DECISION: 24.04.2026 SANJAY KUMAR ... Petitioner

Versus

KENDRIYA VIDYALAYA SANGATHAN AND OTHERS ... Respondents

CORAM:

HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE DEEPAK MANCHANDA

Present:

Mr. Ankur Goyat, Advocate for the petitioner. Mr. Harsh Aggarwal, Advocate for respondents No.1 to 3. **** HARSIMRAN SINGH SETHI , J. (ORAL) The present petition has been filed against the interim order dated 20.04.2026 passed by the Central Administrative Tribunal Chandigarh Bench (for short - the 'Tribunal') by which, the grant of interim relief has been denied to the petitioner.

2.

Learned counsel for the petitioner submits that though, as of now keeping in view the penalty imposed, which is the subject matter before the Tribunal, the petitioner is not eligible for promotion, but in case the petitioner succeeds in the original application, the same will cause prejudice as, for the purpose of promotion, the employee has to appear in the Limited Departmental Examination (for short - 'LDE') and clear the same to be eligible for promotion whereas, the petitioner is not being allowed to sit in the examination so as to seek eligibility for promotion.

3.

Notice of motion.

4.

Mr. Harsh Aggarwal, Advocate accepts notice on behalf of respondents No.1 to 3.

KUMARI SAPNA 2026.04.24 17.48 I attest to the accuracy and integrity of this document

CWP-12555-2026 5.

Keeping view the fact that the penalty imposed upon the petitioner is the subject mater of the original application before the Tribunal and in case, the petitioner succeeds but is not allowed to appear in the departmental examination to seek eligibility which is being conducted on 26.04.2026, there will be a prejudice to the petitioner hence, in order to balance the equities, respondents are directed that the petitioner be allowed to sit in the said examination provisionally, subject to the outcome of the original application and merely sitting for the examination will not give any right to seek promotion till, the petitioner establishes his eligibility to seek such promotion.

6.

It is further directed that his result of the examination will not be declared by the respondents and will be kept in a sealed cover and will only be opened in case, the petitioner proves that he is eligible to seek promotion before the authorities concerned. In case the original application is dismissed, the interim order granted by this Court to appear in the examination, will not create any benefit in favour of the petitioner to seek promotion. 7.

The present petition stands disposed of in the above terms. (HARSIMRAN SINGH SETHI) JUDGE (DEEPAK MANCHANDA) 24.04.2026 JUDGE sapna adhikari Whether speaking/reasoned :

Yes Whether reportable :

No KUMARI SAPNA 2026.04.24 17.48 I attest to the accuracy and integrity of this document