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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
SHREE PRAKASH SINGH
Amit Gupta – Appellant
Versus
U.O.I., Thru. Secy. Deptt. Of Medical Health And Family Welfare New Delhi – Respondent
JUDGMENT :
SHREE PRAKASH SINGH, J.
1. Heard Mr. Anand Dubey, learned counsel for the petitioners, Mr. Varun Pandey, learned counsel for respondent nos. 1 & 2, Mr. Surya Bhan Pandey, learned D.S.G.I. assisted by Mr. Anagh Mishra and perused the record.
2. Instant petition has been filed with the following reliefs:-
"Issue a writ order direction in the nature of certiorari thereby quashing the advertisement dated 11.11.2025 with respect to recruitment of two posts of Assistant Store Officer and three post of Private Secretary in AIIMS Raebareli same are annexed as Annexure no.1 to this writ petition.
ii. Issue a writ order direction in the nature of mandamus commanding the opposite party No.-3 to 5 to fill up two vacant posts of Assistant Store Officer and three post of Private Secretary through promotion in AIIMS Raebareli by mechanism provided in office memorandum dated: 20.11.2024 issued by AIIMS New Delhi.
iii. Any appropriate order/direction which this Hon'ble court may deem fit and proper, in the circumstances of the case.
iv. Award the cost of the writ petition."
3. In Writ A No. 132 of 2026, additionally, the advertisement dated 11.07.2025 is also under challenge.
4. Preliminary objec
The High Court lacks jurisdiction in recruitment matters under the Administrative Tribunal Act when an alternative remedy is available, reinforcing tribunal authority over such disputes.
The main legal point established in the judgment is that parties cannot directly approach the High Court under Article 226 of the Constitution in respect of service matters covered by the Act of 1985....
The main legal principle established in the judgment is the requirement to exhaust the statutory alternative remedy before seeking relief under Article 226, emphasizing the discretionary nature of th....
The court emphasized the importance of ensuring candidates' qualifications are fairly considered in recruitment matters, and affirmed the tribunal's duty to address constitutional challenges to rules....
The main legal point established in the judgment is that the jurisdiction of the CAT cannot be overlooked, and the petitioners' remedy lies in getting their alleged dispute settled by the CAT.
Aspirants for public service positions can challenge qualification criteria before Administrative Tribunals, affirming their jurisdiction over recruitment matters.
Administrative tribunals have exclusive jurisdiction over service matters, and bypassing them for adjudication in High Court is generally not permitted unless in exceptional circumstances.
The lack of jurisdiction of a tribunal is a fundamental issue that can be raised at any stage, and any decision made by a tribunal without jurisdiction is a nullity.
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