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Kanti Prasad Garg Vs. the Vice Chancellor, Jawaharlal Nehru Krishi Vishwa Vidyalaya, Jabalpur and anr. - Court Judgment

LegalCrystal Citation
SubjectService
CourtMadhya Pradesh High Court
Decided On
Case NumberCivil Misc. Petn. No. 40 of 1969
Judge
Reported inAIR1971MP15; 1970MPLJ563
ActsStates Reorganization Act, 1956 - Sections 51(2)
AppellantKanti Prasad Garg
RespondentThe Vice Chancellor, Jawaharlal Nehru Krishi Vishwa Vidyalaya, Jabalpur and anr.
Appellant AdvocateG.P. Patankar, Adv.
Respondent AdvocateB.V. Shukla, Adv.
Excerpt:
- .....him.3. on behalf of the university a preliminary objection has been raised to the effect that the gwalior bench of the high court of madhya pradesh has no jurisdiction to hear this petition in view of the orders of the president dated 28th november 1968 vide annexure r-i to the return. the said order which was passed in exercise of the powers conferred by sub-section (2) of section 51 of the states reorganization act, 1956, lays down that the bench at gwalior would exercise jurisdiction and powers for the time being vested in the high court in respect of the cases arising in the revenue districts of gwalior, shivpuri, datia, guna, vidisha, bhind and morena. the contention of the learned counsel for the university is that this case does not arise in any of the aforesaid revenue districts.....
Judgment:

Raina, J.

1. This is a Writ petition under Article 226 of the Constitution ofIndia.

2. The petitioner is an employee of the Jawaharlal Nehru Krishi Vishwa Vidyalaya, Madhya Pradesh and is at present posted as professor of Agronomy in the Agricultural College at Gwaliorwhich is affiliated to the University. The grievance of the petitioner is that although he is senior to Shri Solanki his claims for the post of Associate Professor in the Department of Agronomy were not duly considered and that he was not even interviewed for the said post along with Shri Solanki. He, therefore, prayed for a writ of mandamus against the University directing them to respect seniority of the petitioner amongst the existing employees for the post of Associate Professor and to extend all consequential benefits to him.

3. On behalf of the University a preliminary objection has been raised to the effect that the Gwalior Bench of the High Court of Madhya Pradesh has no jurisdiction to hear this petition in view of the orders of the President dated 28th November 1968 vide Annexure R-I to the Return. The said order which was passed in exercise of the powers conferred by Sub-section (2) of Section 51 of the States Reorganization Act, 1956, lays down that the Bench at Gwalior would exercise jurisdiction and powers for the time being vested in the High Court in respect of the cases arising in the Revenue Districts of Gwalior, Shivpuri, Datia, Guna, Vidisha, Bhind and Morena. The contention of the learned counsel for the University is that this case does not arise in any of the aforesaid Revenue Districts and as such this Bench cannot entertain this petition.

4. Ordinarily the various Benches of the High Court function and exercise jurisdiction in accordance with the roster prepared by the Hon'ble the Chief Justice. But it is apparent that the jurisdiction of this Bench to hear cases is regulated by the aforesaid order of the President the validity of which was not questioned before us. The only question for consideration is whether this petition can be said to have arisen in the Revenue District of Gwalior. The ordinary dictionary meaning of the word 'case' is a thing that has happened. In its technical legal sense it means a cause or a state of facts which furnishes an occasion for exercise of the jurisdiction by a court of justice, vide 14 C. J. S. I. In the present context the word 'case' means the facts or events which furnish a cause of action to a party. From the petition it is clear that nothing happened within the Gwalior District which could be said to have furnished a cause of action to the petitioner. The University is located at Jabalpur and the actions of the University by which the petitioner is aggrieved including the interview held at Jabalpur. The mere fact that the petitioner happens to be posted at Gwalior is of no consequence. Thus this case cannot be said to have arisen in the Revenue District of Gwalior, within the meaning of the aforesaid order of the President. We, therefore, hold that this petition is not maintainable at Gwalior.

5. We, therefore, direct that this petition shall be sent to Main Registry at Jabalpur for being laid before the appropriate Bench in accordance with the orders of the Hon'ble the Chief Justice.


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