Shivangi Prakash-
Published on: August 11, 2021 at 12:58 IST
Kerala High Court dismissed a case challenging Gujarat Institute’s online selection process, in which the petitioner had competed from the State of Kerala.
While dismissing the case, Justice P.B Suresh Kumar reiterated that no litigant has the right to choose the Court, in which to seek relief, and that Article 226(2) of the Constitution does not change that. The Judge went on to say,
“Acceptance of the argument that the situs from where the candidate accessed the first respondent for participating in the selection process will determine the jurisdiction. It would lead to a situation that the litigant would be in a position to choose his Court for redressal of his grievance”
The petitioner had applied to the National Institute of Design in Gujarat for admission to the Bachelor of Design program. The Institute used a standardized all-India Admissions process that consisted of two stages: preliminary and main. The petitioner passed the preliminary stage with flying colors.
When the results were revealed, the Institute stated that the candidates’ Studio Test scores would not be used to compile a list of selected students.
The petitioner was upset with this decision and requested that the respondents recalculate the ranks, taking into account her Studio Test scores as well.
When the case was called for admission, the Court wanted to know whether the petition seeking relief against the respondents in the State of Gujarat could be brought before it.
The petitioner’s lawyer, Manu Govind, argued that because a portion of the cause of action for filing the writ petition occurred within the geographical borders of Kerala, this Court has jurisdiction to hear the case under Article 226(2).
While dismissing the petition as non-maintainable, the Court stated:
“In the case on hand, the first respondent institute is located in the State of Gujarat. The various tests which are part of the selection process have been conducted by the respondents in the State of Gujarat. The select list, which is impugned in the writ petition, has also been prepared and published by the respondents in the State of Gujarat. In other words, no part, much less an integral part of the cause of action has arisen within the territorial jurisdiction of this Court.”
Click here to Read/Download the Order
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