SUNITA RANI Vs. GOVT. OF HARYANA

JUDGEMENT

(1.) IN this writ petition, the petitioner seeks appointment to the post of Assistant Professor (English) in the respondent No.4, i.e. Kurukshetra University, Kurukshetra, Haryana. The eleven colleges of the respondent No.3-DAV college Managing Committee, in any of which the appointment of the petitioner can be made, are at Haryana and these eleven colleges are mentioned in the advertisement which is given at page 22 of the paper book.

(2.) IN view of the aforesaid facts, the appointment to the post for which the petitioner is seeking employment is of a college situated in Haryana, the university which will govern the colleges of Haryana is the respondent No.4-Kurukshetra University at Haryana, and finally the respondent No.1 is the Government of Haryana and the respondent No.2, the Commissioner of Higher Education, Haryana, again both of whom are located in Haryana.

(3.) I am unable to agree that this Court has territorial jurisdiction merely because the respondent No.3 has its office in New Delhi where interviews have been conducted. There is a difference as to existence of facts at a place and existence of material facts which give rise to cause of action. Arising of a fact at a place cannot necessarily be equated to arising of a cause of action. Cause of action in a case such as the present is the place where either the appointment will be made/refused or the college where the petitioner was to be appointed is situated or the place where authorities such as the respondents No.1 to 3 which have overall statutory duties and control are situated. Further, cause of action in writ such as the present will also be with respect to the main averments in the writ petition which are for challenging the memo dated 29.11.2012 issued by the respondent No.1, (and whose retrospective application is questioned in the present writ petition), and respondent No.1 being the State of Haryana sued through its principal secretary at Chandigarh, accordingly, this Court would not have territorial jurisdiction qua the main cause of action of challenge being laid to this memo, and the territorial jurisdiction with respect to such cause of action for challenging to the territorial jurisdiction will lie in Chandigarh or Haryana.