The Allahabad High Court has refused to entertain a petition challenging a recruitment advertisement issued by All India Institute of Medical Sciences Raebareli, observing that disputes concerning central government institutions must be filed before the Central Administrative Tribunal rather than directly before the High Court.
The order was passed by Justice Prakash Singh, who held that the petition was not maintainable under Article 226 of the Constitution of India. The court dismissed the plea while granting liberty to the petitioner to approach the appropriate tribunal for relief.
Recruitment Dispute Over AIIMS Raebareli Posts
According to reports, the petition challenged a recruitment notification issued by AIIMS Raebareli inviting applications for two Assistant Store Officer posts and three Private Secretary posts. The petitioner had approached the High Court through a writ petition seeking cancellation of the advertisement.
During the hearing, a preliminary objection was raised that recruitment matters involving central government institutions fall within the jurisdiction of the Central Administrative Tribunal.
Tribunal Has Jurisdiction in Service Matters
Taking note of the objection, the High Court referred to Section 14 of the Administrative Tribunals Act, 1985, which grants tribunals powers similar to those of courts in service-related disputes involving central government employees and institutions.
The bench also relied on the landmark Supreme Court ruling in L. Chandra Kumar vs Union of India. The judgment clarified that tribunals established under Article 323A of the Constitution of India and Article 323B of the Constitution of India are competent to examine the constitutional validity of statutory provisions and service rules.
Notification Issued After Petition Filing
The court further noted that the institution issuing the recruitment advertisement was formally notified by the Central government on January 13, 2026. However, the writ petition had been filed earlier on January 8, 2026, while the recruitment notification itself was issued on November 11, 2025.
Referring to Section 29 of the Administrative Tribunals Act, the court observed that if an institution is notified while a case is pending before a court, the matter can be transferred to the appropriate tribunal.
The bench clarified that the timing of the notification does not make the High Court the proper forum to adjudicate the dispute and reiterated that such service matters must be addressed by the Central Administrative Tribunal.
