(Open Court)

Central Administrative Tribunal, Allahabad Bench Allahabad ****

Original Application No. 235/2026 This is the 26th Day of February 2026 Hon’ble Mr. Justice Rajiv Joshi, Member (J)

Hon’ble Mr. Anjani Nandan Sharan, Member (A)

Akash Chandra, S/o Late Phool Chandra, R/o 245/1A Colonelganj, District Prayagraj, Uttar Pradesh.

….Applicant By Advocate: Shri Sunil Shri Semant Singh Versus

1. Union of India through its Secretary, Ministry of Health and Family Welfare, New Delhi.

2. Director, All India Institute of Medical Sciences Sri Aurobindo Marg, Ansari Nagar, Ansari Nagar East, New Delhi, Delhi 110029. 3. Senior Administrative Officer, All India Institute of Medical Sciences, Jodhpur.

... Respondents By Advocate: Shri D. S. Shukla

O R D E R

Delivered by Mr. Justice Rajiv Joshi, Member (J)

Heard Shri Sunil, learned counsel for the applicant and Shri D. S. Shukla, learned counsel for the respondents.

2. The instant Original Application, under Section 19 of the Administrative Tribunals Act, 1985, has been filed by the applicant challenging the notification dated 19.07.2024 issued by the Senior was declared not eligible on the post of Junior Warden (House Keeper) under the Scheduled Caste category due to irrelevant experience and the impugned order dated 21.02.2025 passed by candidature of the applicant for the post of Junior Warden (House Keeper) has been rejected.

3. Shri Devi Shankar Shukla, learned counsel for the respondents raised preliminary objection with regard to the applicability of the instant Original Application before this Bench on the ground of territorial jurisdiction and submits that at para 17 in page 34 as well as page 36 of the Common Recruitment Examination for AIIMS (CRE-AIIMS) Notice No. 239/2023 dated 17.11.2023, it is stated that “Any Dispute in regard to any matter referred to herein shall be subject to the jurisdiction of Delhi Courts only”

4. On the other hand, learned counsel for the applicant placed reliance upon the Judgment of the Full Bench of Hon’ble Allahabad High Court passed in Writ Petition Nos. 2071, 2073, 2074, 2075 of 2017 in Manish Kumar Mishra vs Union of India & Ors (reported in 2020(6) ADJ 1 (FB), in which it is specifically held that the maintainability of the territorial jurisdiction with regard to the dismissal order passed by the Commandant, CRPF, Bhotgaon, which was communicated to the petitioner there itself and the departmental appeal and revision were rejected by the Competent Authority at Bhopal. In this regard, the remedy before the petitioner was either to approach Hon’ble Gauhati High Court or Hon’ble Jabalpur High Court. It was held that the Writ Petitions challenging the dismissal, appellate and revisional orders cannot be maintained in this court and mere service of notice in U. P. would not give rise to a cause of action in U.P. Further the applicant has placed reliance upon the Judgment of the Hon’ble Apex Court passed in Civil Appeal No. 5654/2019 (Maharashtra Chess Association vs Union of India & Ors) dated 29.07.2019, which relates to the Writ jurisdiction under the Article 226 as well as alternate remedy, which is not applicable in the present case.

5. From the relief claimed by the applicant, it is clear that he appeared before the respondents in pursuance of the advertisement floated by the respondent vide notice no. 239/2023 dated 17.11.2023 issued by the All India Institute of Medical Sciences, New Delhi for Common Recruitment Examination for AIIMS (CRE-AIIMS) and had applied online for the post of Junior Warden (House Keepers) after accepting the terms and conditions of the said notification and as such this Tribunal holds that in view of the para 17 as well as legal jurisdiction of the notification in question, issued by the respondents, this Court has no jurisdiction over the dispute.

6. Under these circumstances, the instant Original Application is dismissed for want of territorial jurisdiction

7. All pending MAs in this O.A are also stand disposed of.

8. No order