Extracted from the PDF above. The PDF is authoritative.
$~145 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10438/2026, CM APPL. 48454/2026 & CM APPL. 48455/2026 LAXMI .....Petitioner Through: Appearance not given. versus GOVERNMENT OF NCT OF DELHI AND ANR .....Respondents Through: Mrs. Avnish Ahlawat, SC for GNCTD Services with Mr. N.K. Singh, Ms. Aliza Alam and Mr. Mohnish Sehrawat, Advocates.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R % 28.07.2026
1. This writ petition seeks the following relief:
“(a) Issue an appropriate writ, order or direction quashing the decision/communication/email dated 19.01.2026 by Respondent No.2, whereby the Petitioner's candidature for appointment to the post of Nursing Officer under the OBC category has been rejected or treated as ineligible. (b) Issue an appropriate writ, order or direction to the Respondent No. 1 and 2 to declare that the Petitioner is entitled to be considered as an OBC (Non- Creamy Layer) candidate for the recruitment process pursuant the Advertisement dated 13.02.2024 and to issue appointment to the Petitioner to the post of Nursing Officer pursuant to her selection declared on
02.05.2025. (c) Issue an appropriate writ, order or direction directing the Respondents to grant all consequential benefits including seniority and continuity of service from the date persons similarly situated were appointed. (d) During the pendency of the present petition, direct the Respondents to keep one post of Nursing Officer vacant or reserve one vacancy for the 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 30/07/2026 at 15:26:54
Petitioner.”
2. At the outset, counsel for the Respondents object to the maintainability of the present petition on the ground that the dispute raised pertains to recruitment to a civil post under the Government of NCT of Delhi and falls within the jurisdiction of the Central Administrative Tribunal under the Administrative Tribunals Act, 1985. It is submitted that, in view of the judgment of the Supreme Court in L. Chandra Kumar v. Union of India & Ors.,1 the Petitioner, having an efficacious alternative remedy before the Tribunal, cannot invoke 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 the pending applications.
SANJEEV NARULA, J JULY 28, 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 30/07/2026 at 15:26:54