RUPESH KUMAR AND ORS. Vs. UNION OF INDIA AND ORS.
LAWS(ALL)-2020-9-58
HIGH COURT OF ALLAHABAD
Decided on September 17,2020

Rupesh Kumar And Ors. Appellant
VERSUS
Union of India And Ors. Respondents

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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