MOHD. SAJID KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A preliminary objection has been raised by learned counsel for the respondent-State as well as the private respondent that the present petitioners were posted as Chief Medical and Health Officer at Jhalawar and Chief Medical and Health Officer at Jhunjhunu and vide impugned orders, they have been posted at District Hospital, Jhalawar and District Hospital, Jhunjhunu respectively. Therefore, the jurisdiction to hear the present petitions lie with Jaipur Bench of this Court in terms of Notification No. 1/J.B. dtd. 23/12/1976 issued by the Chief Justice of the Rajasthan High Court.

(2.) Learned counsel for the respondents relied upon the judgments passed in Virendra Dangi v. Union of India: [(1992) Supreme(Raj.) 585] and Harsh Shiksha Evam Seva Sansthan v. State of Rajasthan [(2020) 1 RLW(Raj.) 108].

(3.) Per contra learned counsel for the petitioners while relying upon the judgment passed in Rajasthan High Court Advocates' Association v. Union of India and Ors.: [(2001) 2 SCC 294] submitted that the question whether the cause of action in a case arises within the territorial jurisdiction of the Bench/Seat or not has to be decided judicially case to case by the Court concerned. He submitted that the order impugned being passed by the Joint Secretary (Group-2) Medical and Health Department, Secretariat, Jaipur, the jurisdiction to hear the present matters would definitely lie at the Principal Seat.