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VIKASH JAIN
Ravi Kant Kumar, Son of Shiodhar Prasad – Appellant
Versus
Chairman Cum Managing Director, Food Corporation of India – Respondent
JUDGMENT :
Heard learned counsel for the petitioners and learned counsel for the respondents through video conference.
2. The present writ petition has been filed “for issuance of writ in the nature of Mandamus, directing & commanding the respondents to consider the case for appointments of petitioners to the post of Assistant Grade III (Depot) (I) for the South Zone, Food Corporation of India, who have successfully qualified written test and due verification has already been done for the appointment for all zones in pursuance of Advertisement No. 3/2015”.
3. Mr. Prabhakar Tekriwal, learned counsel appearing on behalf of the respondent-FCI has raised a preliminary-objection with respect to non-maintainability of the present writ petition on the ground that no part of cause of action can be said to have arisen within the State of Bihar for the purposes of territorial jurisdiction of this Court. Reference has been invited to clauses 16 and 26 of the advertisement(Annexure-1), inter alia, setting up the zone wise examination centres and stipulating that the jurisdiction of each zone would be as enumerated for 597 vacancies (later increased to 780)advertised for Assistant Grade-III (Depot
A High Court's jurisdiction under Article 226(2) requires that part of the cause of action arises within its territorial limits.
The main legal point established in the judgment is that the cause of action must arise within the territorial jurisdiction of the High Court for the exercise of power under Article 226 of the Consti....
Territorial jurisdiction of the court is determined based on the material, essential, or integral part of the cause of action, and consent cannot confer jurisdiction upon the court.
The main legal point established in the judgment is that the mere communication of correspondence and orders does not give rise to a cause of action within the territorial jurisdiction of the court.
Territorial jurisdiction is determined by the place where the order is made and where the consequences fall on the person concerned. Forum conveniences should be considered, especially for retired em....
Territorial jurisdiction of a High Court under Article 226(2) of the Constitution is determined by whether the cause of action, either in whole or in part, has arisen within its territorial limits.
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