Facts
The applicants in O.A. No. 781/2026 and O.A. No. 853/2026 had initially filed OAs bearing Diary No. 5362/2025 and Diary No. 5363/2025, respectively
Source reference: p.3The respondents raised preliminary objections pertaining to jurisdiction in both original OAs
Source reference: p.3Consequently, the applicants filed transfer petitions, No. 142/2025 and No. 143/2025, before the Hon'ble Chairman of the Tribunal
Source reference: p.3, p.4These transfer petitions were disposed of with liberty granted to the applicants to file fresh OAs
Source reference: p.3, p.4Following these developments, the applicants filed M.A. No. 990/2026 in O.A. No. 781/2026 and M.A. No. 991/2026 in O.A. No. 853/2026, seeking to withdraw their respective OAs
Source reference: p.3, p.4Issues
1. Whether M.A. No. 990/2026, seeking to withdraw O.A. No. 781/2026, should be allowed
Source reference: p.32. Whether M.A. No. 991/2026, seeking to withdraw O.A. No. 853/2026, should be allowed
Source reference: p.4Law Applied
The court's decision was based on the procedural principle allowing an applicant to withdraw an application (Original Application) through a Miscellaneous Application, rendering the main application infructuous upon such withdrawal
Source reference: p.3, p.4This discretion is routinely exercised by tribunals when a party seeks to no longer pursue their primary application, especially when new legal avenues have been opened, such as the liberty to file a fresh OA
Source reference: p.3, p.4Reasoning
The court considered the applicants' submissions that they had been granted liberty to file fresh OAs subsequent to the disposal of their transfer petitions
Source reference: p.3, p.4This fresh liberty directly led to the filing of the present MAs to withdraw the current OAs
Source reference: p.3, p.4Since the applicants explicitly sought to withdraw their OAs, and given the preceding procedural history where they were granted leave to file a fresh OA, the logical and procedural consequence was to allow the withdrawal applications.
Source reference: no citationAllowing the MAs effectively rendered the underlying OAs infructuous as the applicants no longer wished to pursue them in their current form
Source reference: p.3, p.4Holding
The court allowed M.A. No. 990/2026 and M.A. No. 991/2026
Consequently, O.A. No. 781/2026 and O.A. No. 853/2026 were dismissed as withdrawn, having become infructuous.
Source reference: p.3, p.4No costs were imposed
Source reference: p.3, p.4Original Court PDF
Mukesh Kumar Yadav & Anr. v. Kendriya Vidyalaya Sangathan & Ors. O.A. No. 781/2026, O.A. No. 853/2026, M.A. No. 990/2026, M.A. No. 991/2026
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