Neutral Citation No. - 2025:AHC:6813-DB Chief Justice's Court Case :- WRIT - A No. - 341 of 2025 Petitioner :- Abhishek Malaviya (Advocate) Respondent :- Commissioner By Name Personally From Kendriya Vidyalaya Sangathan and another Counsel for Petitioner :- In Person Hon'ble Arun Bhansali, Chief Justice Hon'ble Vikas Budhwar, J. 1. This petition is directed against order dated 16.08.2023 passed by Central Administrative Tribunal, Allahabad Bench, Allahabad whereby the Original Application filed by the petitioner has been dismissed. 2. The Original Application was filed inter-alia seeking direction to the respondents to follow the notification dated 13.11.2019 issued by the National Council for Teacher Education and consequently hold the petitioner eligible for appointment. 3. The Tribunal, after hearing the parties, came to the conclusion that the notification was issued in the year 2019 and the advertisement in question was issued in the year 2016 and merely because it was provided in the notification dated 13.11.2019 that the same shall come into force on 29.07.2011, ipso facto would not amend the advertisement issued in the year 2016 under which the petitioner was seeking appointment and consequently dismissed the Original Application. 4. The petitioner appearing in person attempted to make submissions that the determination made by the Tribunal is not justified as the fact that the notification has been given retrospective effect, necessarily means that the petitioner is eligible. 5. We have considered the submissions made by petitioner and also noticed that the petitioner had earlier approached the Tribunal by filing Original Application before the Tribunal which came to be 2 decided by order dated 16.08.2023 and review petition came to be decided by order dated 19.08.2023 against which petitioner filed Writ- A No. 20705 of 2023 wherein a co-ordinate Bench of this Court, after hearing the petitioner, came to the following conclusion: "2. Challenge has been raised to the orders dated 16.08.2023 and 19.08.2023 passed by Central Administrative Tribunal, Allahabad Bench, Allahabad in Original Application No. 02 of 2021 and Review Application No. 47 of 2023 arising therefrom, respectively. 3. Having heard the petitioner and having perused the record, we find no good ground to offer any interference in exercise of judicial review. Primarily, the Tribunal has rejected the Original Application filed by the petitioner on two grounds. On merits, the Tribunal has found that benefit of the notification dated 13.11.2019 could not be given to the petitioner as he had appeared in the selection pursuant to advertisement issued in the year 2016 and that result had already been declared. At the same time, the Tribunal has also found that application made by the petitioner under the above described recruitment, was defective inasmuch as instead of applying through on-line mode, the petitioner had applied through off-line mode only. 4. While submissions have been advanced on the first finding recorded by the Tribunal, it is undisputed to the petitioner that he had not applied through on-line mode. In that regard, he would submit that there was certain defects in the on-line form prescribed by the respondents. Yet, upon query made, it is further admitted to the petitioner that he first raised challenge to the above process not in the year 2016 and not at the time of filing his application but in the year 2018 when the petitioner first filed Writ-C No. 37283 of 2018 (Abhishek Malaviya Vs. State of U.P. and 20 others). Still the petitioner did not file any proceeding before the Tribunal for three years, the Original Application having been instituted in the year 2021. 5. Seen in that light, the challenge raised by the petitioner before the Tribunal was belated. For reason of delay itself, we are not inclined to offer any further consideration in the present writ petition. It is accordingly dismissed" 6. The very fact that the issue sought to be raised by the petitioner was raised earlier in the Original Application filed before the Tribunal, which was dismissed and writ petition arising out of the said order also stood dismissed on merit by this Court, there was apparently no occasion for the petitioner to have filed a fresh Original Application seeking similar relief in substance, however, the manner in which the relief was described, the Tribunal has to observe that the same was not clear and, after going through the pleadings, the order impugned was passed. 3 7. In view of above fact-situation, wherein the issue raised by the petitioner before the Tribunal already stood decided and concluded by a Division Bench vide order dated 14.12.2023, no case for interference is made out in this petition. The same is, therefore, dismissed. Order Date :- 16.1.2025 Sandeep/AHA (Vikas Budhwar, J) (Arun Bhansali, CJ) Digitally signed by :- SANDEEP KUMAR High Court of Judicature at Allahabad