Facts
The applicant challenged the rejection of her candidature for the post of Vocational Instructor (Cosmetology), Post Code NR27324, under Advertisement No. Phase XII/2024.
Source reference: para. 1–2She sought reconsideration of her experience for the periods 10 January 2020 to 31 July 2021 and 8 September 2022 to 15 March 2024, and appointment to the post.
Source reference: para. 1–2She had taken the examination at Meerut, Uttar Pradesh.
Source reference: para. 3–5, 7.1When the Principal Bench raised territorial jurisdiction, the applicant argued that the Commission’s headquarters in New Delhi made the application maintainable there.
Source reference: para. 3–5, 7.1The respondents relied on Clause 24 of the advertisement, which ties jurisdiction to the place of the concerned Regional Office where the candidate took the examination.
Source reference: para. 3–5, 7.1Issues
Whether the Principal Bench had territorial jurisdiction to hear the applicant’s challenge to the rejection of her candidature.
Source reference: para. 3–5, 7.1–7.3Whether the application could be dismissed for want of territorial jurisdiction without examining the merits of the applicant’s claim.
Source reference: para. 7.5, 8.1–8.3Law Applied
Clause 24 of the recruitment advertisement provided that disputes concerning the recruitment would be subject to the jurisdiction of the Courts or Tribunals covering the concerned Commission Regional Office where the candidate appeared for the examination.
Source reference: para. 7.1Rule 6 of the Central Administrative Tribunal (Procedure) Rules, 1987 addresses the place for filing an application, while Section 25 of the Administrative Tribunals Act, 1985 empowers the Chairman to transfer a case from one Bench to another.
Source reference: para. 7.4The Tribunal also applied the principle that a candidate who participates in a selection process is ordinarily bound by its stated terms and cannot accept those terms for participation while seeking to disregard a jurisdictional stipulation.
Source reference: para. 7.5Reasoning
The applicant took the examination at Meerut, which the Tribunal found fell within the Staff Selection Commission’s Central Region, whose Regional Office was at Prayagraj/Allahabad.
Source reference: para. 7.3Under Clause 24, the dispute therefore fell within the territorial jurisdiction of the Allahabad Bench, not the Principal Bench merely because the Commission’s headquarters were in New Delhi.
Source reference: para. 7.3The Tribunal noted that the applicant had been given an opportunity to pursue the statutory transfer mechanism but insisted that the Principal Bench decide the application on its merits.
Source reference: para. 7.4–7.5In light of the advertisement’s jurisdictional term and the territorial allocation of matters among Tribunal Benches, the Principal Bench declined to proceed.
Source reference: para. 7.4–7.5Holding
The Tribunal held that the application was not maintainable before the Principal Bench for want of territorial jurisdiction and dismissed it in limine without considering the merits.
It left the applicant at liberty to pursue any remedy available before the appropriate Bench or forum, disposed of any pending miscellaneous applications, and made no order as to costs.
Source reference: para. 8.3–8.4Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Administrative Tribunals Act, 19851
Original Court PDF
ANJALIvsSTAFF SELECTION COMMISSION (SSC)
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