Delhi High Court - Orders
Kumar Gaurav & Ors vs Union Of India & Anr on 13 January, 2022
Author: V. Kameswar Rao
Bench: V. Kameswar Rao
$~39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 806/2022, CM Nos. 2254/2022 & 2255/2022
KUMAR GAURAV & ORS.
..... Petitioners
Through: Ms. Sunieta Ojha, Adv. and
Mr. Manish Lamba, Adv.
versus
UNION OF INDIA & ANR.
..... Respondents
Through: Mr. Kamal Mehta, Adv. for R-2/LIC
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
ORDER
% 13.01.2022 This matter is being heard through video-conferencing. CM No. 2255/2022 (for exemption) Exemption allowed subject to all just exceptions. Application stands disposed of.
W.P.(C) 806/2022
1. This petition has been filed by ten persons all residing outside Delhi in the States of Bihar, Gujarat, Orissa, Madhya Pradesh, and Uttar Pradesh. Primarily they are praying for the following reliefs:
"The petitioners above named most respectfully pray that this Hon'ble Court may be pleased to:
a) Issue a Writ of Mandamus directing the Respondent Corporation to issue necessary directions through its divisional offices for issuance of the Appointment Letter to the Petitioners against the remaining vacancies in EWS categories Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:14.01.2022 15:38:48 for Assistant Recruitment Exam 2019 arising out of either non- joining or resignation.
b) Issue any other writ or order and grant such other and further relief as deem fit in the circumstances of the case in the interest of justice and equity and in favour of the Petitioners."
2. The submission of the learned counsel for the petitioners is, that pursuant to the 103 Constitutional Amendment, a vertical reservation has been stipulated in the matter of employment in favour of persons belonging to the EWS category. The recruitment process was initiated by different Divisions of LIC against which the petitioners have also applied. It is her submission that all the vacancies which have not been filled up, as the selectees have not joined the posts, can be filled up on the basis of the reserved list maintained for a period of two years.
3. I find that none of the petitioners, who have filed the petition, has applied against the notification issued by the Delhi Division. It is conceded by the learned counsel for the petitioners that all these petitioners have applied for recruitment against the notification issued by other Divisions, (not by Delhi Division). Learned counsel for the petitioners also concedes that the applications under the RTI Act submitted by the petitioners have been replied to by the Authorities positioned outside Delhi indicating the existence of vacancies, which is the basis to file the present petition.
4. Suffice to state, no cause of action has arisen within the territorial jurisdiction of this Court to entertain this petition inasmuch as the recruitment notice is from outside Delhi; the petitioners are from outside Delhi; the policy if any is framed by the Head office in Mumbai; the prayer Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:14.01.2022 15:38:48 made in the petition can be considered, based on the vacancy position available in a particular Division; the appointing authority is based in the concerned Division, and the prayer made is for a direction to the Divisional offices (other than Delhi).
5. Accordingly, I close this petition with liberty to the petitioners to approach the appropriate forum / Court in accordance with the law.
CM No. 2254/2022In view of my order in the writ petition, this application has become infructuous and is dismissed.
V. KAMESWAR RAO, J JANUARY 13, 2022/aky Signature Not Verified Digitally Signed By:ANIL KUMAR YADAV Signing Date:14.01.2022 15:38:48