Gauhati High Court
Salma Sultana vs The Union Of India And 4 Ors on 11 April, 2023
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/3
GAHC010081972023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2083/2023
SALMA SULTANA
D/O- LT. SHAMSUL HAQUE,
R/O- VILL.- TUKRAPARA,
P.O.- TUKRAPARA,
DIST.- KAMRUP, ASSAM,
PIN- 781136.
VERSUS
THE UNION OF INDIA AND 4 ORS.
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF SCHOOL EDUCATION AND LITERACY,
SHASTRI BHAWAN,
NEW DELHI-1.
2:THE SECRETARY
DEPARTMENT OF HIGHER EDUCATION
SHASTRI BHAWAN
NEW DELHI-1.
3:THE NAVODAYA VIDYALAYA SAMITY
DEPARTMENT OF SCHOOL EDUCATION AND LITERACY
GOVERNMENT OF INDIA
B-15
INSTITUTIONAL AREA
SECTOR-62
NOIDA
DISTRICT- GAUTAM BUDH NAGAR
UTTAR PRADESH- 201309.
4:THE RECRUITMENT BOARD CONSTITUTED FOR SPECIAL
RECRUITMENT DRIVE 2022-23
FOR NAVODAYA VIDYALAYA OF NORTH EASTERN REGION
B-15
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INSTITUTIONAL AREA
SECTOR-62
NOIDA
DISTRICT- GAUTAM BUDH NAGAR
UTTAR PRADESH- 201309.
5:THE DEPUTY COMMISSIONER
NAVODAYA VIDYALAYA SAMITY
SHILLONG REGION
TEMPLE ROAD
BARIK POINT
LACHUMIERE
SHILLONG- 793001
Advocate for the Petitioner : MR. M I HUSSAIN
Advocate for the Respondent : DY.S.G.I.
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
11-04-2023 Heard Mr. M. A. I. Hussain, learned counsel for the petitioner and Mr. K. Gogoi, learned Central Government Counsel for the respondent Nos. 1 and 2. Also heard Ms. R. S. Choudhury, learned Standing Counsel, Navodaya Vidyalaya for the respondent Nos. 3 to 5.
By placing a Notification No.G.S.R.748(E) dated 17.12.1998 issued by the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) published it the Gazette of India Extraordinary Part-II Section 3 Sub Section
(i) on Thursday, 17th December, 1998, Ms. Choudhury submitted before the Court that in terms of said Notification dated 17.12.1998, Navodaya Vidyalaya Samity Registered under Societies Registration Act, 1860 is under the jurisdiction of the Central Administrative Tribunal in terms of Section 14 (3) of the Administrative Tribunal Act, Page No.# 3/3 1985.
Ms. Choudhury further submitted that since the matter before the Court relates to recruitment to the post of Teacher in Navodaya Vidyalaya, its jurisdiction is before the Central Administrative Tribunal and not before the Hon'ble High Court in terms of said Notification dated 17.12.1998, noted above.
Considering the above and the Notification dated 17.12.1998, published in the Gazette of India Extraordinary Part-II on 17 th December, 1998, noted above, the Court is not inclined to entertain this writ petition.
Accordingly, liberty is granted to the petitioner to approach the appropriate forum for redressal of her grievances.
Copy of the Notification No.G.S.R.748(E) dated 17.12.1998 issued by the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) published it the Gazette of India Extraordinary Part-II on 17 th December, 1998, noted above, placed before the Court today by Ms. Choudhury, learned Standing Counsel, Navodaya Vidyalaya be kept as part of the record.
JUDGE Comparing Assistant