Question: A writ petition can be filed where cause of action partly arises. Sir, I want to know can I file a writ petition in the High Court in whose territorial jurisdiction I am currently living? I applied for a post in the Reserve Bank of India. Final result has been published on its website. The head office of the RBI is in Mumbai. My reservation quota has been changed from OBC to UR.
Therefore, I am in the waiting list. I have brought in the notice of the RBI that my category has been wrongly mentioned in the final list including the waiting list. They have replied to my representation and stated therein that I have qualified in the UG category in the preliminary examination hence, your category shall remain unreserved. Can I challenge the representation in the Allahabad High Court?
Asked from: Uttar Pradesh
The cause of action has partially arisen in Uttar Pradesh. Therefore, you can file a writ petition in the Allahabad High Court. You are currently living in Uttar Pradesh i.e. within the territorial jurisdiction of the Allahabad High Court. The Reserve Bank of India has wrongly changed your category. When you given a representation to the RBI for making a correction in the final list, it has been rejected. Therefore, the arbitrary or erroneous decision in making a final list has infringed your right.
The effect of the preparation of an erroneous list of finally selected candidates has occurred in Uttar Pradesh where one of the candidates is living. Furthermore, you received the reply of representation at the current place of residence. Hence, the Allahabad High Court has the jurisdiction over the matter because the cause of action, in part, arose in its territorial limits.
The Supreme Court in ONGC v. Utpal Kumar Basu, [(1994) 4 SCC 711] , has held that a High Court can exercise the power to issue directions, orders or writs for the enforcement of any of the fundamental rights conferred by Part III of the Constitution or for any other purpose if the cause of action, wholly or in part, had arisen within the territories in relation to which it exercises jurisdiction, notwithstanding that the seat of the Government or authority or the residence of the person against whom the direction, order or writ is issued is not within the said territories.
You can challenge the representation and seek quashing of the final list by moving a writ petition in the Allahabad High Court under Article 226 of the constitution. According to Article 226(2) a High Court within whose jurisdiction or local limits any part or whole cause of action arises shall have the jurisdiction to pass any order or direction so as to enforce fundamental rights or any other right.
You have the right to seek quashing of the final list because it has infringed your legal right. You should file a writ petition because the cause of action has arisen within the territorial jurisdiction of the Allahabad High Court. Hence, your writ petition is maintainable. Opposite party cannot assail on the point of jurisdiction.