Research › Search › Judgment

Patna High Court · body

2012 DIGILAW 1497 (PAT)

Sanjeev Kumar Suman v. Union of India

2012-10-30

S.N.HUSSAIN

body2012
ORDER Heard learned counsel for the petitioners and learned counsel for the respondents. 2. This writ petition has been filed by the petitioners for directing the respondents to publish the final result of the petitioners and on the basis of their final position in the merit list, appoint the petitioners and further for a direction for all consequential benefits flowing from the said appointment. 3. Learned counsel for the respondents raises a preliminary objection with regard to jurisdiction of this Court and submits that advertisement dated 19.03.2011 with respect to the appointment in question specifically provided in clause 18 thereof that any dispute in regard to its recruitment will be subject to Courts/Tribunals having jurisdiction over the place of concerned regional/sub-regional office of the S.S.C. where the candidate had submitted his/her application. Hence, he submits that the petitioners had admittedly submitted their applications at Allahabad Regional Office and hence the Court/Tribunal at Allahabad will have jurisdiction in such matters. 4. On the other hand, learned counsel for the petitioners vehemently opposes the contentions of learned counsel for the respondents and submits that the petitioners are residents of Bihar and they had sent their applications from Bihar and their examinations were held at Patna. He also avers that results were published at website in which it was specifically mentioned in clause 15 that representation, if any, with respect to the results should be addressed to the Under Secretary (C- 1/1), (CGL Exam., 2011) Staff Selection Commission, New Delhi. 5. Learned counsel for the petitioners further submits that from memorandum dated 16.04.2012 (Annexure-8 series) it was quite apparent that the results were not published by the authorities only on the basis of some suspicion that there were reasons to believe that the candidates had resorted to mal-practices and for that explanation was required within fifteen days. Hence, he claims that there appears to be no valid ground for non publication of result on the basis of post examination analysis. 6. Considering the averments made by learned counsel for the parties without going into the merit of the case, the question of jurisdiction is taken up. Hence, he claims that there appears to be no valid ground for non publication of result on the basis of post examination analysis. 6. Considering the averments made by learned counsel for the parties without going into the merit of the case, the question of jurisdiction is taken up. It is quite apparent that although the petitioners are residents of Bihar and examinations were held at Patna, but it is not in dispute that in response to the advertisement the petitioners had submitted their applications at the Regional Office of Staff Selection Commission at Allahabad and admit cards were also issued from Allahabad. Furthermore, the terms and conditions given in the advertisement have to govern procedure of recruitment as accepting the said terms and conditions the petitioners had filed their applications. Clause 18 of the said advertisement clearly shows that any dispute in regard to recruitment concerned will be subject to the courts/tribunals having jurisdiction over the place of concerned Regional/Sub-Regional Office of the SSC where the candidates had submitted their applications. The term ‘recruitment’ if interpreted in appropriate manner, includes the entire process of recruitment from the filing of application by the candidates till the appointment/rejection of the candidature of the concerned candidates. 7. So far the reliance of the petitioners on Annexure-5 is concerned, it is only with respect to the result published on the website which was from New Delhi and hence representation with respect thereto was directed to be filed in the Headquarters of SSC at New Delhi. In the said circumstances, the grievance of the petitioners in the present writ petition is with respect to recruitment as according to him the authorities are sitting tight over the matter and are not making any final decision with regard to recruitment. In such circumstances, the appropriate authority for deciding such matter of recruitment will be the Courts/Tribunals of Allahabad where regional office of SSC is situated and where the petitioners had submitted their applications. 8. Accordingly, this writ petition is disposed of with a liberty to the petitioners to approach the appropriate forum.