ROHITSINH KHIMJI SODHA Vs. DIRECTOR GOVT OF INDIA

JUDGEMENT

(1.) THE short question that arises for consideration in this Special Civil Application is that if the petitioner is declared physically unfit for the post of Constable (GD) in State of Assam, whether the cause of action to sue would be available to the petitioner to file Special Civil Application, in Gujarat High Court on the ground that he is a resident of State of Gujarat ?

(2.) THE petitioner applied for the post of Constable (GD) with the respondent ? Sashstra Seema Bal in November, 2009. THEreafter, he was called for medical examination at Jamnagar on 12.03.2010 and having found physically fit, he was selected and posted at Training Centre, SSB, Salonibari (Assam) with a direction to report at the said centre on 13.09.2010 with additional time of 45 days from the cut-off date. Accordingly, the petitioner resumed the Training Centre, SSB, Salonibari on 16.09.2010

(3.) BY 15th Constitutional Amendment Act,1963, Clause (1-A) was added to Article 226 (1) which was re-numbered as Clause (2) by the 42nd Constitutional Amendment, 1976. The effect of the amendment was that writ jurisdiction of the High Court was extended to those cases also where only a part of cause of action had arisen within the territorial jurisdiction of a High Court. It is necessary to extract Clause (2) of Article 226 of the Constitution which reads as below :-