V.K.SHUKLA, J. - (1.) KENDRIYA Vidyalaya Sangathan is an autonomous body registered under the Societies Registration Act, 1860, and is fully controlled financially and administratively by Government of India, Ministry of Human Resources and Development, New Delhi. Primary aim of the Sangathan is to provide, establish, endow, maintain, control and manage the Central Schools (Kendriya Vidyalaya) located all over India and abroad. Said Sangathan has three tire management structure for its smooth functioning; (1) Head Quarter; (ii) Regional Offices; and (iii) Kendriya Vidyalaya spread all over the country and abroad, each having their Vidyalayiya Management Committee. General Body is the Apex Body and the Minister of Human Resources and Development is the incharge and Chairman of Kendriya Vidyalaya Sangathan. Sometimes in fourth quarter of the year 2007, an advertisement was issued in various newspapers, including Employment News dated 12-18 November, 2007 thereby notifying vacancies for the year 2007-08 and 2008-09 of Post Graduate Teachers in various subjects. Pursuant to said advertisement, the petitioner also applied for consideration of his candidature and was called for interview. Thereafter select list had been published and therein the name of the petitioner did not figure. Petitioner submits that under Right to Information Act information was furnished to him that he had not studied subject of Commerce with accounting/cost accounting/financial accounting as the main subjects and had studied management accounting, and so his candidature has not been found eligible for the post of Postgraduate teacher (Commerce) at Kendriya Vidyalaya Sangathan. At this juncture, present writ petition has been filed with following reliefs: "(i) a suitable writ, order or direction in the nature of mandamus commanding the respondents to include name of the petitioner in the select list as admittedly he has obtained 90 marks in the written examination over and above the last selected candidate with 88 written marks in pursuance to the Advertisement dated 12-18 November, 2007 (Annexure-1) (ii) a suitable writ, order or direction in the "nature of mandamus commanding Kendriya Vidyalaya Sangathan to treat the petitioner eligible and after adding marks of written examination and interview he be included in the select list according to his merit in pursuance to advertisement dated 15- 21 November, 2008 (Annexure-6) (iii) a suitable writ, order or direction in the nature of mandamus of declaration declaring the degree of M.Com. issued from Allahabad University with management accounting as one of the main subjects to be considered as eligible qualification in terms of advertisement and the qualification specified and prescribed because that fully satisfies the M.Com. degree with accountancy., Alternatively (iv) a writ, order or direction in the nature of declaration that in case the degree in Commerce with accountancy/cost accountancy/financial accountancy does not include management accountancy then the word accountancy/cost accountancy be struck down and only Post Graduate degree in commanding be declared/treated as eligible qualification. (v) a suitable writ, order or direction in the nature of declaration declaring Act No. 19 of 1986 inserted with effect from 22.1.1986 in Section 14(1)(b) III in its proviso and Section 14(1 )(c) and 14(2) in so far as it includes word "Society" besides any corporation as ultra vires Article 323A of the Constitution of India read with Articles 14 and 15 of the Constitution of India as well as ultra vires Central Scheme and Object of the Administrative Tribunal Act 1985." (vi) a suitable writ, order or direction in the nature of certiorari quashing notification dated 17.12.1998 issued by the Central Government under sub­section (2) of Section 14 of the Central Administrative Tribunal's Act 1985 by which the Central Government has notified that the said Act shall apply to Kendriya Vidyalaya Sangathan which is included at item No. 34 of the said notification being hit by excessive delegation of legislative function inasmuch by executive notification and without any amendment in the Central Administrative Tribunal's Act, 1985 and Art. 323-A has been sought to be extended by executive action of the Central Government as it is well settled that executive action cannot be abdicate and exercise power already vested in the legislation and it cannot amend any Act by executive notification. (vii) Any other suitable writ, order or direction as it may deem fit and proper in the circumstances of the case. (viii) award cost of this petition to the petitioner."
(2.) ON presentation of writ petition, preliminary objection has been raised to the effect that the present writ petition is not at all liable to be entertained by this Court and petitioner be relegated to Central Administrative Tribunal, as Kendriya Vidyalaya Sangathan has been included at item No. 34 of the Notification dated 17.12.1998 issued by Central Government in exercise of its authority under sub­section (2)of Section 14 of the Central Administrative Tribunals Act, 1985, and in this background as well as in view of judgment of Hon'ble Apex Court in Kendriya Vidyalaya Sangathan and another v. Subhash Sharma, AIR 2002 SC 1295, writ petition is liable to be dismissed on the ground of alternative remedy. Sri A.N. Tripathi, Senior Advocate, assisted by Sri A.K. Mishra and Sri R.P. Mishra, Advocates, countered the said submission with regard to preliminary objection by contending that in the present case validity of Notification dated 17.12.1998 itself is subject matter of challenge, which has been issued in exercise of authority under sub-section (2) of Section 14 of the Central Administrative Tribunals Act, including Kendriya Vidyalaya Sangathan at Item No. 34, whereas under Article 323-A of the Constitution, 'societies' have not been included, as such addition or inclusion in the Schedule at item No. 34 of the Kendriya Vidyalaya Sangathan is ultra vires Article 323-A of the Constitution and the same is also hit by excessive delegation of powers, as without amending Article 323-A by introducing therein the word 'society', inclusion of word 'society' under Section 14 (2) of Central Administrative Tribunals Act cannot be subscribed and no such notification could have been issued, and once said provision itself is ultra vires, then writ petition, in all eventuality, is liable to be entertained and the reliefs prayed for are liable to be accorded on merits.
(3.) COUNTERING the said submissions, Sri S.K. Mishra, Advocate, appearing for Union of India, on the other hand, contended that Kendriya Vidyalaya Sangathan is a society registered under Societies Registration Act, 1860, as such it clearly falls within the definition of the term 'other authority', and as such the Central Government had full authority to issue Notification in exercise of its authority under Section 14 (2) of the Central Administrative Tribunal Act, 1985. In this background, Central Government has full legislative competence to issue such notification, as has been done, and writ petition is nothing but a pretence to overcome and overreach the dictum of Apex Court in the case of Kendriya Vidyalaya Sangathan and another v. Subhash Sharma, AIR 2002 SC 1295, as such writ petition is liable to be dismissed on the ground of alternative remedy, and petitioner is liable to be relegated to the forum of Central Administrative Tribunal.;