The Delhi High Court dismissed a writ petition challenging medical unfitness in a CRPF recruitment as it lacked territorial jurisdiction, relying on a binding precedent requiring matters to be tried where the test was held.
Liberty to approach the Court having territorial jurisdiction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~82
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 03.12.2024
versus
UNION OF INDIA THROUGH THE SECRETARY & ORS. .....Respondents Through: Mr.Udit Dedhiya, SPC with Mr.Sanjay Pal, GP Mr.Ajay Pal, Law Officer Mr.Shiv Kumar Singh, Pairvi Officer, CRPF
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA HON’BLE MR. JUSTICE GIRISH KATHPALIA
NAVIN CHAWLA, J. (Oral)
CM APPL. 70611/2024 & CM APPL. 70612/2024 (Exemption)
W.P.(C) 16691/2024 & CM APPL. 70610/2024
W.P.(C) 16691/2024 Page 1 of 3
Signature Not Verified
Digitally Signed By:SUNIL Signing Da te:1 0.12.2024 19:27:14
Police Forces (CAPFs), Secretariat Security Force (SSF), and Rifleman (GD) in Assam Rifles Examination- 2024.
“18 Court’s Jurisdiction : Any dispute in regard to this recruitment will be subject tocourts having jurisdiction over the place of Regional Office concerned of theCommission where the candidate has appeared for the Computer BasedExamination.”
“8. Having considered the submissions of learned counsel for the partiesand perused the record, we are of the considered view that once theadvertisement pursuant to which the petitioner had applied contained aspecific clause providing for territorial jurisdiction of the Court/Tribunalsituated in the area where the test was held.
9. The petitioner cannot now be permitted to argue that the clausesmentioned in the advertisement are not binding on him. We are, therefore,of the opinion that this Court does not have territorial jurisdiction toentertain the present writ petition. The writ petition is, accordingly, disposedof, by granting liberty to
Signature Not Verified Digitally Signed By:SUNIL Signing Da te:1 0.12.2024 19:27:14
W.P.(C) 16691/2024 Page 2 of 3
the petitioner to approach the Court having territorial jurisdiction.”
NAVIN CHAWLA, J
GIRISH KATHPALIA, J
DECEMBER 3, 2024/sg/DG
Click here to check corrigendum, if any
Signature Not Verified
Digitally Signed W.P.(C) 16691/2024 Page 3 of 3 By:SUNIL Signing Da te:1 0.12.2024 19:27:14
2 issues framed by the court
Whether the petition challenging medical unfitness is maintainable when the petitioner has not appeared for the examination in Delhi and the advertisement stipulates jurisdiction based on the test loc
Whether the present court has territorial jurisdiction to entertain the writ petition based on a precedent declared binding.
Colour shows how this judgement treated each authority
W.P.(C) 8480/2024, titled Uttam Kumar v. Union of India Through Its Secretary and OthersFollowed¶26
Rana Mandal
Union of India Through the Secretary & Ors.
Navin Chawla
Girish Kathpalia
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
