KHOKHA KUNWAR vs EDUCATION

- 1- OA/050/00621/2025

CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH,PATNA
OA/050/00621/2025
With
MA/050/00145/2026


Date of Order: 29.10.2026

CORAM
HON’LE MR. KUMAR RAJESH CHANDRA, MEMBER (A)

Khokha Kunwar , Son of Late Medni Prasad, Principal Incharge,
Jawahar Navodaya Vidyalaya, Gaya-2, District- Gaya (Bihar),
Resident of Khamhouti, Post-Simri Bakhtiyarpur, District- Saharsa-
852127 (Bihar).

……..Applicant.

- By Advocate(s): - Shri M.P. Dixit


-Versus-


1. The Union of India, through the Secretary, Ministry of Human
Resources, Department of Education, Government of India, New
Delhi-110001.
2. The Commissioner, Navodaya Vidyalaya Samiti, B/15,
Institutional Area, Secto-62, Noida-201307 (U.P.).
3. The Joint Commissioner (Pers.), Navodaya Vidyalaya Samiti,
B/15, Institutional Area, Sector-62, Noida-201307 (U.P.).
4. The Deputy Commissioner, Navodaya Vidyalaya Samiti, Patna
Region, Karpoori Thakur Sadan, Kendriya Karyalaya Parisar,
Ashiyana Digha Road, P.O. Ashiyana Nagar, P.S.- Rajeev Nagar,
Town & District- Patna, Pin Code-800025 (Bihar).


…….Respondents.

By Advocate(s) :- Sri T.N. Thakur, Sr. CGSC


SURYAROOP Digitally signed by
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KABI

- 2- OA/050/00621/2025

O R D E R
[ORAL]

[Per Kumar Rajesh Chandra, Member(A)]
Heard learned counsel for the applicant and learned Senior
Standing Counsel for the respondents.
2. The applicant instituted the present Original Application
challenging the transfer order dated 11.08.2025, whereby he was
transferred from Jawahar Navodaya Vidyalaya (JNV), Gaya-II, to
JNV, Garhwa. The said transfer was reiterated by a subsequent order
dated 19.08.2025 after consideration and rejection of the applicant’s
representation.
3. During the pendency of the Original Application, the
respondents issued a transfer order dated 27.08.2025, whereby the
applicant was transferred from JNV, Gaya-II, to JNV, Arong, Car
Nicobar, Andaman and Nicobar Islands. By filing M.A. No.
050/00145/2026, the applicant seeks to introduce a challenge to this
subsequent transfer order by way of amendment of the pleadings in
the present Original Application.
4. Learned counsel for the applicant submits that the subsequent
transfer order has materially altered the applicant’s posting and,
therefore, the applicant should be permitted to incorporate a challenge
to the said order in the pending proceedings.
5. Learned Senior Standing Counsel for the respondents opposes
the prayer. He submits that the present Original Application is
directed against the earlier transfer to Garhwa, whereas the subsequent
order dated 27.08.2025 constitutes a distinct administrative decision
giving rise to a separate cause of action. The earlier transfer order no
longer governs the applicant’s posting, and the subsequent order has
also been implemented. It is, therefore, contended that the proposed
amendment would substantially alter the subject matter of the Original
Application.
SURYAROOP Digitally signed by
SURYAROOP KABI
KABI

- 3- OA/050/00621/2025

6. I have considered the rival submissions and examined the
material available on record.
7. The power to permit amendment of pleadings is intended to
facilitate effective adjudication of the real controversy between the
parties and to avoid unnecessary multiplicity of proceedings. At the
same time, an amendment cannot be permitted as a matter of course
where it would substantially substitute the original cause of action
with a distinct and independent cause of action, thereby changing the
foundational controversy in the original pending proceedings.
8. In the present case, the original challenge concerns the
applicant’s transfer from JNV, Gaya-II, to JNV, Garhwa. The
subsequent order dated 27.08.2025 directs his transfer from JNV,
Gaya-II to JNV, Arong, Car Nicobar, in the Andaman and Nicobar
Islands. The legality of the subsequent transfer would require
consideration of the circumstances and grounds relevant to that
particular administrative decision. The mere fact that both orders
concern the same applicant’s transfer does not, by itself, make the two
challenges identical.
9. In these circumstances, I am of the considered view that the
proposed amendment would substantially alter the subject matter of
the present Original Application. The subsequent transfer order,
having been issued during the pendency of the proceedings, gives rise
to a distinct cause of action which may appropriately be examined in
independent proceedings. I, therefore, find no sufficient justification
to permit the proposed amendment in the present case. Accordingly,
M.A. No. 050/00145/2026 is dismissed.
10. So far as the Original Application is concerned, the relief
originally sought was directed against the transfer to JNV, Garhwa. In
view of the subsequent transfer order dated 27.08.2025, the earlier
transfer order no longer governs the applicant’s posting. The applicant
has admittedly complied with the subsequent order and joined at the
SURYAROOP Digitally signed by
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- 4- OA/050/00621/2025

transferred place of posting on 23.09.2025, as also reflected in the
declaration accompanying the miscellaneous application.
11. In view of these subsequent developments, the principal relief
sought in the Original Application, as framed, no longer subsists and
has become infructuous. No effective relief in respect of the earlier
transfer order survives for adjudication in the present proceedings. I,
accordingly, dispose of the Original Application as having been
rendered infructuous, without examining the legality or merits of
either transfer decision.
12. It is, however, clarified that dismissal of the miscellaneous
application and disposal of the Original Application shall not be
construed as an adjudication on the validity of the subsequent transfer
order dated 27.08.2025. The applicant shall be at liberty to institute an
appropriate Original Application challenging the said order, if so
considered by him, in accordance with law. Any such proceeding shall
be considered on its own merits, subject to all applicable
requirements, including limitation, maintainability and the availability
of relief. No opinion is expressed on any of these issues.
13. There shall be no order as to costs.
(Kumar Rajesh Chandra)
Member (A)

Srk.
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SURYAROOP KABI
KABI