YUVRAJSINGH DILIPSINGH ZALA S/O DILIPSINGH ZALA Vs. UNION OF INDIA
LAWS(GJH)-2016-6-212
HIGH COURT OF GUJARAT
Decided on June 14,2016

Yuvrajsingh Dilipsingh Zala S/O Dilipsingh Zala Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for appropriate writ, order and/or direction to quash and set aside the impugned judgement and order passed by the learned Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad (hereinafter referred to as "the learned tribunal" for short), in O.A. No.120 of 2015, by which the learned tribunal has returned the Original Application to the petitioner herein - original applicant to present it before the appropriate Court / Forum having jurisdiction.
(2.) Facts leading to the present Special Civil Application in nutshell are as under :- 2.01. That applications were invited by the Western Railway Recruitment Cell vide Employment Notice No.2 of 2012 (Open Market) dated 27/9/2012 inviting applications from the eligible candidates of India for filling up 2249 posts in Pay Band-I of Rs.5200-20200 with Grade Pay of Rs.1800 in various regions, divisions and workshops of the Western Railway. 2.02. In response to the said employment notice dated 27/9/2012, the petitioner herein - original applicant submitted his application. 2.03. That the petitioner herein appeared in the Written Examination held on 27/10/2013 at Gurukul Vidhyalaya, Vadodara pursuant to the call letter issued by the respondent. He also appeared before the Authority / Committee on 25/3/2014 at the appointed day and place. 2.04. According to the petitioner, thereafter and after verification of the documents, he was sent to the Railway Health Unit for medical examination, however, thereafter the original applicant - petitioner herein received letter / communication dated 2/7/2014 from the Railway Recruitment Cell informing that since no vacancies were notified for the category of OH-OA (Orthographically Handicapped - One Arm Affected) in the said employment notice dated 27/9/2012, he is not found suitable for any post against the same. 2.05. Being aggrieved by the same, the petitioner submitted an appeal before the Chief Medical Director on 21/7/2014, which came to be rejected vide order dated nil/9/2014 stating that there is no ground for re-medical examination. 2.06. Feeling aggrieved and dissatisfied with the aforesaid two orders dated 2/7/2014 and subsequent communication of the Chief Medical Director, petitioner filed the aforesaid Original Application before the learned tribunal. 2.07. A preliminary objection was raised with respect to maintainability of the Original Application before the learned tribunal on the ground that as per clause 11 of the employment notice dated 27/9/2012, with respect to any dispute, jurisdiction will be with Central Administrative Tribunal, Mumbai and High Court, Mumbai only. 2.08. Relying upon Rule 6 of the Central Administrative Tribunal (Procedure) Rules, 1987 (hereinafter referred to as "the Rules" for convenience), it was submitted on behalf of the original applicant - petitioner herein that as the cause of action has arisen within the jurisdiction of the Central Administrative Tribunal, Ahmedabad Bench, Original Application would be maintainable. 2.09. Accepting the preliminary objection raised by the respondents, vide impugned judgement and order the learned tribunal has returned the Original Application to the applicant - petitioner herein to present it before the appropriate forum having territorial jurisdiction and jurisdiction of the subject matter. 2.10. Feeling aggrieved and dissatisfied with the impugned order passed by the learned tribunal, original applicant has preferred the present Special Civil Application under Article 226 / 227 of the Constitution of India.
(3.) Mr.Gogia, learned advocate appearing on behalf of the petitioner has vehemently submitted that in the facts and circumstances of the case, the learned tribunal has materially erred in not entertaining and not considering the Original Application on merits and has materially erred in returning the Original Application to the petitioner to present it before the appropriate forum having territorial jurisdiction. 3.01. Relying upon Rule 6 of the Rules, Mr.Gogia, learned advocate appearing on behalf of the petitioner has vehemently submitted that when the cause of action / part cause of action has arisen within the territorial jurisdiction of the Central Administrative Tribunal, Ahmedabad Bench, the learned tribunal ought to have entertained and considered the Original Application on merits. It is submitted that as per Rule 6, an application can be filed by an applicant with the registrar of the Bench within whose jurisdiction ..... the cause of action, whole or in part, has arisen. It is submitted that the petitioner applied for the post in question within the territorial jurisdiction of the bench and even the petitioner was called for the interview at Vadodara and he appeared before the Committee at Vadodara, it can be said that the cause of action has arisen within the territorial jurisdiction of the Bench and therefore, the learned tribunal ought to have entertained and considered the application on merits. 3.02. Mr.Gogia, learned advocate appearing on behalf of the petitioner has further submitted that even otherwise in light of the decision of the coordinate bench dated 14/8/2015 in O.A. No.418 of 2014, by which similar contention of the railway authority was rejected and though the said decision was pressed into service by the petitioner and the learned tribunal was bound by the said decision of the coordinate bench and therefore, the learned tribunal ought to have referred the matter to the larger bench. 3.03. Mr.Gogia, learned advocate appearing on behalf of the petitioner has further submitted that eve otherwise, considering sections 19 and 20 of the Central Administrative Tribunal Act, the Original Application will be transferred to the forum having jurisdiction and therefore, instead of returning the Original Application to the applicant - petitioner herein to present it before the appropriate forum, the learned tribunal ought to have transferred the said Original Application to the forum having jurisdiction. Making above submissions, it is requested to admit/allow the present petition.;


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