JUDGEMENT
MANOJ KUMAR GUPTA,J. -
(1.) This batch of writ petitions raises common questions of facts and law and with consent of learned counsel for the parties, the petitions were
heard together and are being decided by this common judgement.
(2.) The petitioners had appeared in the recruitment for the post of Constables (GD) in CAPFs, NIA, SSF and Rifleman (GD) in Assam Rifles
Examination, 2018. Under the recruitment scheme, the candidates were to
apply online. It was mandatory to indicate in the online application form
Centre from where the candidate desires to take examination. The
petitioners accordingly applied online and in their application form,
they preferred to appear from Centres located in the State of Bihar. This
was apparently for the reason that all the petitioners are domicile of
the State of Bihar. The job of holding a computer based examination for
shortlisting the candidates was assigned to the Staff Selection
Commission. Under Clause 8 of the Recruitment Scheme, the entire State of
Bihar and Uttar Pradesh fell under the jurisdiction of the Central Region
of the Staff Selection Commission. It is clear from the document filed as
Annexure RA-1 to Writ Petition No.5049 of 2020 that the Central Region
fell under the jurisdiction of the Regional Office of the Staff Selection
Commission, Allahabad (Prayagraj). The petitioners appeared in the
computer based examination from different centres located in the State of
Bihar. The respondents shortlisted the candidates for next stage of
recruitment based on the scores in the computer based examination. The
petitioners were successful in proceeding to the next stage i.e. physical
efficiency test/physical standard test. Those candidates who were
successful in clearing these stages were shortlisted for detailed medical
examination. The petitioners being successful therein were called for
detailed medical examination by a medical board. The petitioners duly got
themselves medically examined by the medical board. However, all of them
were informed by the Chief Medical Officer (SG)/ Commandant that they
were found unfit due to various reasons and if they wish to challenge the
findings of medical examination, it was open to them to apply for review
medical examination in enclosed Form No.2 alongwith demand draft of
Rs.25. The application should be accompanied by medical certificate from
medical practitioner (specialist medical officer of Government District
Hospital and above) as per Form No.3. All the petitioners applied for
review medical examination alongwith fitness certificate of medical
practitioners from Government hospitals. All the appeals have been
rejected on identical ground "medical fitness certificate of concerned
field specialist not attached". Aggrieved by the stand taken by the
respondents in declining to entertain their appeal for review medical
examination, the present batch of petitions has been filed. The
petitioners have sought quashing of the communication informing them that
their appeal for review medical examination could not be entertained for
the above reason and have also prayed for a mandamus commanding the
respondents to conduct their review medical examination.
(3.) Learned counsel for Union of India raised a preliminary objection to the effect that this Court lacks territorial jurisdiction to entertain
these petitions. It was urged that no part of cause of action has arisen
within the territorial limits of this Court. The petitioners are
residents of the State of Bihar; they appeared in the computer based
examination from centres located in the State of Bihar; their physical
standard test and physical efficiency test were also held at various
centres situated in the State of Bihar; their detailed medical
examination was held at CRPF Mokama Ghat, Group Centre, CRPF, Mokama
Ghat, District Patna, Bihar and consequently, the Patna High Court alone
will have jurisdiction in the matter.;
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