Jurisdiction under Administrative Tribunals Act, 1985
Subject : Administrative Law - Service Law
In a stern reminder of established legal procedure, the Delhi High Court has once again reiterated that entities like the All India Institute of Medical Sciences (AIIMS) fall under the exclusive jurisdiction of the Central Administrative Tribunal (CAT). The court strongly deprecated the trend of litigants attempting to bypass the Tribunal to reach the High Court directly.
The petitioner, Meenakshi Tyagi, approached the Delhi High Court seeking to challenge an order issued by AIIMS on September 1, 2025. Her request sought a court direction to allow her to continue in her service. However, it was immediately noted by the bench that this matter inherently fell within the scope of "service matters" as defined by the Administrative Tribunals Act, 1985.
Prior to this writ petition, the petitioner had already approached the Tribunal (O.A. 2625/2025), which had directed the matter to be treated as a representation to AIIMS. Despite this, the petitioner chose to approach the High Court, asserting that the subsequent order from AIIMS created a "fresh show cause of action."
Counsel for the respondents and the court pointed out that the petition was fundamentally maintainable only before the Central Administrative Tribunal. The High Court, led by Hon’ble Mr. Justice Prateek Jalan, underscored that shifting the focus to a "fresh cause of action" did not circumvent the statutory requirement established by the Supreme Court.
The court referenced the iconic seven-judge bench decision in L. Chandra Kumar v. Union of India , which serves as the "north star" for jurisdictional boundaries in administrative law. The prevailing position is clear: in service matters involving bodies notified under the Administrative Tribunals Act, the Tribunal is the court of first instance. The High Court cannot be bypassed unless the very constitutionality (vires) of the Administrative Tribunals Act itself is challenged.
The court expressed deep frustration with the "endemic" practice of petitioners ignoring settled law.
Justice Prateek Jalan dismissed the petition as withdrawn, granting the petitioner the liberty to approach the appropriate Tribunal. However, the order carried a significant warning. Highlighting that many lawyers continue to press such petitions despite knowing the jurisdictional limitations, the court observed that it might soon become necessary to impose heavy costs on parties to deter "forum shopping" or the misuse of the writ jurisdiction.
In a proactive step, the Court directed the Registry to forward a copy of its order to the Delhi High Court Bar Association, serving notice that the era of lenient disposal of these "misconceived" petitions is coming to an end.
For future litigants, the message is unequivocal: when it comes to service disputes in notified institutions, the path is exclusively through the Central Administrative Tribunal—a doctrine that the judiciary is clearly no longer willing to see ignored.
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Jurisdiction - Writ-Petition - Service-Matter - Litigation - Tribunal-Protocol
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