Sandeep & ORS v. Union Of India & ORS

CWP No.19044 of 2013 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.1329 of 2017 in/& CWP No.19044 of 2013 (O&M) Date of decision: 19.04.2017 Sandeep and ors.

.... Petitioners vs Union of India and another .... Respondents

CORAM:

HON'BLE MR. JUSTICE RAJIV NARAIN RAINA

Present:

Mr. Ravi Kant Sharma, Advocate for the petitioners.

Mr. Pawan Kumar Longia, Advocate for the respondents.

**** RAJIV NARAIN RAINA, J. (ORAL) CM No.1329 of 2017 CM for advancing date of hearing is allowed. By consent of both the counsel, the matter is taken on board today itself. CWP No.19044 of 2013 This Court has no territorial jurisdiction to entertain this writ joint petition since neither the whole nor any part of the cause of action arises within its territory.

The dispute is with regard to selection to the post of Havaldar (Clerk) for enlistment in the Assam Rifles pursuant to the advertisement dated 05.10.2012 (Annex P-1) with the entire selection process conducted in Assam with candidates travelling there to compete. The application was submitted online, although from Haryana, against quota of four vacancies Sonia Bura 2017.04.24 10:51 I attest to the accuracy and integrity of this document chandigarh

CWP No.19044 of 2013 (O&M) -2meant for that State. The result of the successful candidates was declared in the State of Assam. The petitioners' names figured in the list of candidates in reserved category but did not reach maturity for appointment due to lower merit scored by them than the number of vacancies advertised allotted to the share of the State of Haryana. None of the incidents that make up the cause of action occurred within the boundaries of this Court. Merely filling in the application form and mailing it through the Net to servers in Assam will not create jurisdiction in Haryana. Moreover, the entire record of selection is also in Assam. The defendant is located in Assam as the name of the service suggests.

Accordingly, the present petition is dismissed as not maintainable for want of territorial jurisdiction with liberty to the petitioners to approach the appropriate forum.

(RAJIV NARAIN RAINA) 19.04.2017 JUDGE sonia 1.Whether speaking/non-speaking?

Yes 2.Whether reportable/non-reportable?

No Sonia Bura 2017.04.24 10:51 I attest to the accuracy and integrity of this document chandigarh