Point of Law: Jurisdiction depends on the person or authority passing the order being within those territories and the residence or location of the person affected can have no relevance on the question of the High Court's jurisdiction.

JUDGMENT :

MANJU RANI CHAUHAN, J.

1. Heard Mr. Prabhakar Awasthi, learned counsel for the petitioner and Mr. Vinay Kumar Singh, learned counsel for the respondent-Union of India.

2. By means of the present writ petition, the petitioner has made following relief:

“(i) Issue a writ, order or direction in the nature of Certiorari, calling for the records of the case and to quash the impugned order dated 26th October, 2021 passed by Lieutenant Colonel Officer-In-Charge Rtg. respondent no. 3 (Annexure No. 7 to this writ petition).

(ii) Issue a writ, order or direction in the nature of Mandamus commanding the respondents to forthwith issue appointment letter and confer appointment in favour of petitioner as Draughtsman in General Reserve Engineer Force, Cenre DIGHI Camp Pune, Maharashthra......”

3. It is the case of the petitioner that pursuant to the Advertisement No. 1/2021 dated 20th February, 2021, the petitioner being possessed with matriculation and intermediate mark-sheets/certificates and three Years diploma in Architectural Assistantship, applied for the post of Draughtsman through offline application form. As per the said advertisement, total 43 posts of draughtsman were advertised in following categories: (i) 19 posts for Unreserved category candidates, (ii) 6 posts for Scheduled Caste category candidates, (iii) 3 posts for Scheduled Tribe Category candidates, (iv) 11 posts for Other Backward Class category candidates and (v) 4 posts for Economic Weaker Section category candidates. The petitioner appeared in the written examination and was declared successful and his name was placed at serial no. 22 of the result. By means of letter dated 20th September, 2021, the petitioner was required to appear in the physical efficiency test and primary medical examination which were scheduled to be held between 25th October, 2021 to 27th October, 2021. Thereafter, the petitioner has received an order dated 26th October, 2021 at his residence at District Azamgarh wherein it has been mentioned that due to overlapping of Intermediate Examination Marksheet/ certificate and Diploma Degree of the petitioner, he could not be given placement and selection. It is against this order that the present writ petition has been filed.

4. Challenging the order impugned, learned counsel for the petitioner submits that the order impugned cannot sustain the scrutiny of law, as there would be no bar in obtaining two degrees in one and same academic session. The order impugned is an ex-parte order, as before passing the same, neither the petitioner has been afforded opportunity of hearing nor any show-cause notice has been issued to him. Even otherwise, the petitioner would submit that he undertook admission in the academic session 2013-2014 in Intermediate as a private student, whereas he took admission in undergoing diploma course in Architectural Assistantship in academic-session 2012-2015 as a regular student. The bar in obtaining two degrees in a particular academic session would be restricted only to regular candidates and not private students. The impugned order does not provide any law based upon which an alleged overlapping was stood to be not taken for consideration for conferring appointment. On the cumulative strength of the aforesaid, learned counsel for the petitioner submits that the order impugned cannot be legally sustained and is liable to be dismissed.

5. Learned counsel for the respondents has raised maintainability of the present writ petition before the High Court of Judicature at Allahabad on the ground that the advertisement No. 1/2021 dated 20th February, 2021 has been issued by the Government of India, Ministry of Defence, Border Roads Wing, Border Roads Organization, General Reserve Engineer Force of which neither the headquarter nor any office of the same is situated within the territorial jurisdiction of the Allahabad High Court of Judicature at Allahabad. The place wherein all the examinations i.e. written examination, physical effic