Delhi High Court
Administrative and Public LawCivil Procedure and Evidence

Contractual jurisdiction clauses cannot override CAT filing rights based on an applicant’s current posting.

Union Of India & Anr. vs Manoj Kumar & Ors.

Delhi High CourtJUDGMENT: September 30, 20262 MIN READSOURCE JUDGMENT
Contractual jurisdiction clauses cannot override CAT filing rights based on an applicant’s current posting.. Union Of India & Anr. vs Manoj Kumar & Ors.. Delhi High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The respondent was permitted by the Central Administrative Tribunal (CAT), by order dated 21 July 2026, to participate provisionally in the 93rd Station Officers and Instructor Course, subject to the outcome of his original application (OA).

Source reference: p. 2, paras. 1–2

The Director, National Fire Service College, Nagpur, applied to vacate that order; the CAT dismissed the application on 16 September 2026.

Source reference: p. 2, paras. 1–2

The Union of India challenged the CAT’s decision, arguing that the OA should have been brought in Nagpur under the application form’s jurisdiction clause and that provisional participation could create an irreversible situation.

Source reference: pp. 2–3, paras. 3–6
02

Issues

Whether the application form’s clause confining disputes to courts in Nagpur deprived the CAT at Delhi of territorial jurisdiction to entertain the respondent’s OA.

Source reference: pp. 2, 4, paras. 4–5, 13–17

Whether permitting the respondent to participate provisionally in the course could create an irreversible situation warranting interference with the CAT’s order.

Source reference: p. 3, paras. 6–12
03

Law Applied

Rule 6(1)(i) of the Administrative Tribunal (Procedure) Rules, 1987 provides that an OA may ordinarily be filed before the Bench within whose jurisdiction the applicant is posted; Rule 6(1)(ii) also permits filing where the cause of action has arisen wholly or in part.

Source reference: p. 4, para. 16 and footnote 3

A contractual or application-form jurisdiction clause cannot displace that statutory filing right; the clause here concerned disputes arising out of the application form and did not govern this CAT proceeding.

Source reference: p. 4, paras. 14–16

Courts may permit provisional participation in courses or examinations, subject to the outcome of the litigation, to avoid a fait accompli while preserving the parties’ positions.

Source reference: p. 3, paras. 9–12
04

Reasoning

The Court held that the Nagpur clause concerned disputes arising from the application form and was not intended to govern this CAT dispute; moreover, no CAT Bench could entertain the matter at Nagpur under that clause.

Source reference: p. 4, paras. 14–15

The respondent was posted in Delhi, so Rule 6(1)(i) supported filing the OA there.

Source reference: p. 4, paras. 16–17

As to provisional participation, the Court reasoned that it was expressly subject to the OA’s outcome and would confer no benefit if the respondent ultimately failed; such orders prevent a candidate from being deprived of meaningful relief merely because the course has concluded during litigation.

Source reference: p. 3, paras. 9–12
05

Holding

The Court rejected both the territorial-jurisdiction challenge and the claim that provisional participation would cause irreversible harm.

Finding no cause to entertain the writ petition, it dismissed the petition in limine.

Source reference: pp. 3–5, paras. 7–18
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Administrative Tribunals Act, 19851

Delhi High Court

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Union Of India & Anr.vsManoj Kumar & Ors.

Delhi High Court · September 30, 2026

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