AMAR NATH NEOGI Vs. INDIAN INSTITUTE OF TECHNOLOGY

JUDGEMENT

(1.) The petitioner is an engineer, who desires to prosecute his studies in the field of information technology and therefore he applied for admission to Post-Graduate Diploma in Information Technology course conducted by the respondent Institute. For the purpose of getting admission to the said course, the petitioner had to undergo a screening test and therefore he submitted his application on 11.2.2002. The said application was rejected by the respondent Institute and intimation of the said fact was sent to the petitioner under letter dated 18.3.2002. The petitioner has been aggrieved by rejection of his application and therefore has approached this court with a prayer that the communication dated 18.3.2002 be quashed and the respondent Institute be directed to permit the petitioner to appear at the admission test for the PGDIT course which is to take place on 7.4.2002.

(2.) . Before going into the merits of the case, the learned advocate appearing for the petitioner was asked as to how this court would have territorial jurisdiction to entertain the petition as the respondent Institute is situated at Kharagpur, which is not in Gujarat. The learned advocate has submitted that this court has jurisdiction to entertain the petition for the reason that the petitioner received the impugned communication dated 18.3.2002 at Anand, which is in Gujarat.

(3.) . It has been submitted by the learned advocate that as the communication has been received by the petitioner rejecting his application for appearing at the admission test within the territories of Gujarat, this court is having jurisdiction to entertain this petition. It has been further submitted by him that as cause of action has partly arisen within Gujarat, as per the provisions of Art. 226(2) of the Constitution of India, this court can exercise its jurisdiction to entertain this petition even if the respondent Institute is not having its office in Gujarat.