Allahabad High Court
Dharam Veer Kumar And 3 Others vs Union Of India And 3 Others on 1 August, 2019
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 38
Case :- WRIT - A No. - 10217 of 2019
Petitioner :- Dharam Veer Kumar And 3 Others
Respondent :- Union Of India And 3 Others
Counsel for Petitioner :- Siddharth Khare
Counsel for Respondent :- A.S.G.I.,Apurva Hajela
Hon'ble Ashwani Kumar Mishra,J.
Following orders were passed in the matter on 18.7.2019:-
"Petitioners are aggrieved by the orders passed by the respondent authorities, cancelling their candidature for appointment to the post of Constable GD in Central Police Organization. The order of cancellation has been passed on the ground that the petitioners impersonated during the course of recruitment proceedings and, therefore, their selection is bad in law. The orders, in that regard, are assailed by relying upon a judgment of this Court in Writ Petition No.2813 of 2017 ( Ranvijay Singh and others Vs. Union of India and others) which has been affirmed with dismissal of Special Appeal No. 2813 of 2018, on 8.5.2019.
A preliminary objection is taken to the maintainability of this writ petition on the ground that this Court lacks territorial jurisdiction to entertain the petition particularly as the order cancelling petitioner's selection has been passed by the authority at West Bengal.
The objection raised on behalf of the respondent is countered by the counsel for the petitioner by referring to the recital in the order impugned itself. It is pointed out that the entire recruitment process has been undertaken within the territorial limits of this Court at Allahabad. Attention of the Court has been invited to the order impugned which records that petitioner impersonated during the course of recruitment at Allahabad. It is submitted that since entire selection proceedings have been undertaken at Allahabad and the basis of cancellation is an alleged act of impersonation during the course of such recruitment, a part of cause of action has arisen within the territorial limits of this Court.
Having examined the submissions advanced in that regard, this Court finds substance in the argument advanced on behalf of the petitioners inasmuch as the specific allegation leading to passing of the order impugned is that the petitioners impersonated during the course of recruitment proceedings undertaken within the territorial limits of this Court. Part of cause of action is thus found to have occured within the territorial jurisdiction of this Court. Preliminary objection raised regarding maintainability of the writ petition on account of lack of territorial jurisdiction, therefore, is overruled
So far as the applicability of the judgment of this Court in Ranvijay Singh (supra) is concerned, learned counsel for the respondent seeks a short indulgence to obtain instructions in the matter.
Post as fresh on 25.7.2019."
Sri Apurva Hajela appearing for the respondents has obtained instructions from the Border Security Force (BSF) and also from the Staff Selection Commission, copy whereof has been placed before the Court. The letter of Staff Selection Commission dated 29th July, 2019 addressed to the Border Security Force clearly reveals that the respondents intent to proceed afresh in terms of the direction issued by this Court and the facts of Ranvijay Singh (supra).
In that view of the matter, this writ petition is also disposed of in terms of the judgment and order passed in Writ Petition No.2813 of 2017 (Ranvijay Singh and others Vs. Union of India and others). In order to facilitate a fresh consideration of cause in terms of the aforesaid directions, the orders impugned dated 21.9.2017, 3.5.2019 and 2.3.2019 stands quashed.
Order Date :- 1.8.2019
Anil
