$~104 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010421082026 + W.P.(C) 13005/2026 & CM APPLs. 60371-60372/2026 KRISHAN KUMAR .....Petitioner Through: Mr. Taiyyub Khan Salmani and Mr. P. Murugesan, Advocates. versus GOVT OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Reshesh Mani Tripathi, Sr. Panel Counsel with Ms. Pallavi Talwar, G.P. for R-1 & 2. Mr. Brijesh Kumar Tamber, CGSC with Mr. Vinay Singh Bist and Mr. Yashu Rustagi, Advocates. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R % 07.09.2026 1. This writ petition seeks the following relief: “a. Issue a Writ of certiorari or any other appropriate Writ, Order, or Direction, quashing and setting aside the Impugned Order/Notification dated 08.07.2026 issued by Respondent No. 2 without application of judicious mind, being arbitrary, nonspeaking, and in direct defiance of the binding mandates of the Ld. Central Administrative Tribunal dated 08.08.2023 (in O.A. No. 3264/2016) and the Division Bench of this Hon’ble Court dated 23.03.2026 (in W.P.(C) 1787/2024); and/or. b. Issue a Writ of Mandamus or any other appropriate Writ, Order, or Direction commanding the Respondents to consider Option (C) i.e., "six months" as a legally valid 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 14/09/2026 at 17:35:27 and correct answer for Question No. 60 of the Test Booklet pertaining to the intra-departmental Promotion List ‘A’ Test-2015, in light of the structural omission and ambiguity introduced in the framing of the said question under Section 172 of the Indian Penal Code, 1860; and/or c. Issue a Writ of Mandamus or any other appropriate Writ, Order, or Direction directing the Respondents to evaluate the Petitioner's answer sheet afresh by awarding him additional mark for Question No. 60, thereby rectifying the artificial and arbitrary suppression of his score, and consequently revise his total score and to prepare a revised merit list for Promotion List ‘A’ Test 2015 and bring the name in the said list; and/or d. Issue a Writ of Mandamus or any other appropriate Writ, Order, or Direction directing the Respondents to promote the Petitioner to the post of Head Constable (Executive) with retrospective effect from the date similarly situated candidates or immediate juniors from the identical selection process were promoted, along with the grant of all consequential benefits, including seniority, timely structural increments, pay-fixation, and back-wages; and/or.” 2. At the outset, the question of maintainability of the present petition arises for consideration. The grievances raised by the Petitioner pertain to his service matters in the Delhi Police, which is under the administrative control of the Ministry of Home Affairs. Such service matters fall within the jurisdiction of the Central Administrative Tribunal1 under Section 14 of the Administrative Tribunals Act, 1985. Reliance is placed on the decision of the Supreme Court in L. Chandra Kumar v. Union of India & Ors.2, wherein it was held that, in areas for which Tribunals have been constituted, 1 “CAT” 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 14/09/2026 at 17:35:27 they are to function as courts of first instance. The jurisdiction of the High Court under Articles 226 and 227 remains unaffected, but is ordinarily exercised after the matter has first been considered by the Tribunal. 3. In view of the above, the Court is not inclined to entertain the present petition in view of the availability of an alternate efficacious remedy of approaching the CAT. 4. Accordingly, the petition is dismissed with liberty to the Petitioner to take recourse to appropriate remedies in accordance with law before the CAT. 5. The pending application(s), if any, also stand disposed of. SANJEEV NARULA, J SEPTEMBER 7, 2026 as 2 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 14/09/2026 at 17:35:27