Facts
The applicant challenged the rejection of his candidature for appointment as Administrative Officer in Kendriya Vidyalaya Sangathan and sought consideration for appointment with consequential benefits
Source reference: p.1The respondents objected that the Lucknow Bench lacked territorial jurisdiction because clause 29 of the recruitment advertisement provided that disputes concerning the recruitment would be subject to courts having jurisdiction in Delhi only
Source reference: pp.2, 4The applicant relied on Rule 6 of the Central Administrative Tribunal (Procedure) Rules, 1987, and argued that the objection had been raised after pleadings were exchanged
Source reference: p.2Issues
Whether clause 29 of the recruitment advertisement excluded the territorial jurisdiction of the CAT Lucknow Bench, notwithstanding Rule 6 of the CAT (Procedure) Rules, 1987.
Source reference: pp.2, 4Whether the Lucknow Bench could adjudicate the applicant’s challenge to the rejection of his candidature.
Source reference: pp.4–5Law Applied
Rule 6 of the CAT (Procedure) Rules, 1987 provides for filing before the relevant Tribunal Bench, including where the applicant is posted or where the cause of action, wholly or in part, arose.
Source reference: p.2The Tribunal relied on Yuvraj Singh Dilip Singh Zala v. Union of India & Ors., Special Civil Application No. 4528/2016 (Gujarat High Court, 14 June 2016), which held that an applicant who applies under an employment notice containing a clear jurisdiction clause is bound by that clause, and that such a clause may confer exclusive jurisdiction on one otherwise competent forum.
Source reference: pp.2–4The Tribunal also referred to ABC Laminart Pvt. Ltd. v. A.P. Agencies, Salem, (1989) 2 SCC 163, on the validity and construction of agreements selecting one among otherwise competent forums, and to Rajasthan State Electricity Board v. Universal Petro Chemicals Ltd., (2009) 3 SCC 107.
Source reference: p.3Reasoning
The Tribunal found clause 29—providing that disputes concerning the recruitment would be subject to courts having jurisdiction in Delhi only—to be unambiguous.
Source reference: p.4It treated the recruitment as a centralized, all-India process and considered the reasoning in Yuvraj Singh Dilip Singh Zala applicable to the dispute.
Source reference: pp.3–4On that basis, it held that the jurisdiction clause displaced reliance on Rule 6 as a basis for adjudication by the Lucknow Bench.
Source reference: pp.2, 4The applicant’s point that the objection was raised after pleadings had been exchanged was recorded, but the Tribunal did not treat it as altering its jurisdictional conclusion.
Source reference: p.2Holding
The CAT Lucknow Bench held that it lacked territorial jurisdiction to adjudicate the original application.
Rather than deciding the merits of the recruitment challenge, it directed the Registry to write to the Principal Bench at New Delhi to place the matter before the Chairman, CAT, with a proposal to transfer the OA to the appropriate forum.
Source reference: p.5Original Court PDF
Utkarsh AgarwalvsUnion Of India
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