Ashish Kumar Verma vs Union Of India And Another
2024 Latest Caselaw 21675 ALL

Allahabad High Court

Ashish Kumar Verma vs Union Of India And Another on 2 July, 2024

Author: Mahesh Chandra Tripathi

Bench: Mahesh Chandra Tripathi

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:106511-DB
 
Court No. - 29
 

 
Case :- SPECIAL APPEAL No. - 581 of 2024
 

 
Appellant :- Ashish Kumar Verma
 
Respondent :- Union Of India And Another
 
Counsel for Appellant :- Piyush Patel,Pradeep Kumar
 
Counsel for Respondent :- A.S.G.I.
 

 
Hon'ble Mahesh Chandra Tripathi,J.
 

Hon'ble Prashant Kumar,J.

1. Heard learned counsel for the appellant. Ms. Manjari Singh, Advocate has filed Vakalatnama on behalf of all the respondents, which is taken on record.

2. Present Special Appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 has been preferred questioning the validity of the order dated 31.5.2024 passed by learned Single Judge of this Court in Writ A No.8853 of 2024 (Ashish Kumar Verma vs. Union of India and another), whereby the writ petition was dismissed as not maintainable. For ready reference, the order dated 31.5.2024 is reproduced herein below:-

?Ms. Manjari Singh, the counsel for the respondents is present.

The present petition challenges the result of the examination held for selection of Draughtsman.

The selections have been held by the Staff Selection Commission, Lodhi Road, New Delhi.

In view of the aforesaid, no part of cause of action is within the territorial jurisdiction of this Court.

The petition is not maintainable and is dismissed.?

3. Ms. Manjari Singh, learned counsel for the respondents has raised an objection regarding maintainability of the present intra court appeal and in support of her submission, she has placed reliance upon paragraph-24 of the Advertisement No.Phase-XI/2023/Selection Posts issued by Government of India, Ministry of personnel, Public Grievances and pensions, Department of personnel & Training, Staff Selection Commission, wherein jurisdiction of the Courts/Tribunals is mentioned. For ready reference, the same is reproduced herein below:-

?Jurisdiction of Courts/Tribunals:

Any dispute in regard to this recruitment will be subject to Courts/Tribunals having jurisdiction over the place of concerned Regional Offices of the Commission where the candidate has appeared in the examination(s).?

4. She further raised an objection that the petitioner has arrayed the respondents namely Union of India through its Ministry of Personnel, Public Grievances & Pension, Department of Personnel & Training Staff Selection Commission, Block No.12, CGO Complex Lodhi Road, New Delhi-110003 and Regional Director (HQ), Staff Selection Commission, Lodhi Road, New Delhi and both the respondents having territorial jurisdiction at Delhi and no cause of action arises within the jurisdiction of this Court. She submits that in the aforesaid circumstances, learned Single Judge has rightly proceeded to non-suite the claim set up by the petitioner on the ground of territorial jurisdiction, which warrants no interference in the intra court appeal.

5. So far as factual aspect of the matter is concerned, the same is not disputed by learned counsel for the petitioner.

6. Considering the objection so raised by Ms. Manjari Singh, learned counsel for the respondents, we also peruse the record and find that the objection is sustainable and learned Single Judge has rightly dismissed the writ petition on the ground of territorial jurisdiction.

7. Considering the aforesaid factual situation, we do not find any merit in the instant appeal and no reason to interfere in the impugned judgment and order dated 31.05.2024 passed by the learned Single Judge.

8. The Special Appeal sans merit and is, accordingly, dismissed.

Order Date :- 2.7.2024

Manish Himwan