Delhi High Court Reaffirms: Alternative Remedy Not an Absolute Bar to Filing a Writ Petition
Delhi High Court Reaffirms: Alternative Remedy Not an Absolute Bar to Filing a Writ Petition By Abhishek Jat, Advocate In a landmark judgment, the Delhi High Court has reiterated that the availability of an alternative remedy does not act as an absolute bar to filing a writ petition under Article 226 of the Constitution of India . The court emphasized that the writ jurisdiction of the High Court is discretionary and can be exercised even when statutory remedies are available, depending on the facts and circumstances of the case. This ruling has significant implications for employees challenging termination or dismissal orders, particularly in the context of educational institutions governed by the Delhi School Education Act, 1973 and the Delhi School Education Rules, 1973 . Case Background The case revolved around Harshpal Singh Negi , a Physical Education Teacher (PET) at St. Mary’s School, Safdarjung Enclave , who was terminat...