Extracted from the PDF above. The PDF is authoritative.
$~96 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8977/2026 & CM APPLs. 42053-42054/2026 VARIJA .....Petitioner Through: Mr. Sharath Sampath and Ms. V. Kochar, Advocates. versus THE GOVERNMENT OF NCT OF DELHI & ORS. .....Respondents Through: Mrs. Avnish Ahlawat, SC (GNCTD Services) with Mr. Nitesh Kumar Singh and Ms. Aliza Alam, Advocates for GNCTD.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R % 08.07.2026
1. This writ petition seeks the following reliefs:
“A. To issue a Writ of certiorari, or any other appropriate writ, order or direction in the nature thereof, quashing and setting aside the impugned
Order dated 09.12.2025 passed by the Respondent No.2, cancelling the Petitioner's Offer of Appointment dated 13.06.2025 and Appointment Order dated 30.06.2025. B. To issue a writ of certiorari, or any other appropriate writ, order or direction in the nature thereof, declaring Clause 6(v)(A) of Advertisement No.04/2024 to be arbitrary, ultra vires and void, and/or reading it down, to the extent that it is inconsistent with Clause 6(iv) read with Annexure- V (the Office Memorandum dated 31.05.2021) of the same Advertisement and denies the benefit of OBC (Delhi) reservation to a holder of an OBC certificate issued by the Revenue Department of GNCT of Delhi in a caste notified as OBC by the GNCTD C. To issue a writ of certiorari, or any other appropriate writ, order or direction in the nature thereof, quashing and setting aside the impugned Memorandum dated 15.12.2025 and the e-mail intimation of even date treating the Petitioner as having refused the appointment This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/07/2026 at 17:09:57
D. To issue a writ of certiorari, or any other appropriate writ, order or direction in the nature thereof, quashing and setting aside the impugned Recovery Order dated 09.01.2026 and the Corrigendum thereto, directing recovery of Rs. 4,16,410/- from the Petitioner E. To issue a writ of mandamus, or any other appropriate writ, order or direction in the nature thereof, directing the Respondents to treat the Petitioner as a validly appointed Nursing Officer, to forthwith reinstate her into service, and to restore and continue her appointment with full continuity of service, seniority, back-wages, and all consequential and monetary benefits;”
2. At the outset, counsel for the Respondents object to the maintainability of the present petition on the ground that the grievance raised by the Petitioner can be effectively addressed before the Central Administrative Tribunal. Reliance is placed on the judgment of the Supreme Court in L. Chandra Kumar v. Union of India & Ors.,1 to contend that service disputes of this nature must first be agitated before the CAT rather than by invoking the writ jurisdiction of this Court. 3.
In view of the above, counsel for the Petitioner seeks leave to withdraw the present petition with liberty to approach the Central Administrative Tribunal, in accordance with law. 4. Leave and liberty as prayed for, are granted. 5. The Court has not commented on the merits of the case. All rights and
contentions of the parties are left open.
6.
Disposed of along with any pending applications.
SANJEEV NARULA, J JULY 8, 2026/hc 1 (1997) 3 SCC 261. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/07/2026 at 17:09:57