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# **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 22[ND] DAY OF SEPTEMBER 2022 / 31ST BHADRA, 1944**
**WP(C) NO. 21528 OF 2022**
## **PETITIONER/S:**
ASHNA.K AGED 25 YEARS D/O NAZEER KHAN, KANHIRALA HOUSE, MAMPAD (P.O.), NILAMBUR, MALAPPURAM DISTRICT, PIN - 676 542. BY ADVS. P.SANJAY A.PARVATHI MENON BIJU MEENATTOOR KIRAN NARAYANAN PAUL VARGHESE (PALLATH) P.A.MOHAMMED ASLAM PRASOON SUNNY RAHUL RAJ P. AMRUTHA M. NAIR
## **RESPONDENT/S:**
1 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF HEALTH & FAMILY WELFARE, GOVERNMENT OF INDIA, ROOM NO: 156A, NIRMAN BHAVAN, NEW DELHI- 110 011. 2 THE NATIONAL INSTITUTE OF MENTAL HEALTH AND NEURO SCIENCE (NIMHANS), HOSUR ROAD, BENGALURU - 560029 REPRESENTED BY ITS DIRECTOR, 3 MEGHA N NAIR, (RESIDENTIAL ADDRESS NOT KNOWN TO THE PETITIONER), 12TH RANK, ROLL NO. NIMH221683, NATIONAL INSTITUTE OF MENTAL HEALTH AND NEURO SCIENCES HOSUR ROAD, BENGALURU - 560029. 4 ASWATHY C. K., (RESIDENTIAL ADDRESS NOT KNOWN TO THE PETITIONER) 15TH RANK, ROLL NO. NIMH223413, NATIONAL INSTITUTE OF MENTAL HEALTH AND NEURO SCIENCES HOSUR ROAD,
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BENGALURU - 560029.
5 AKSA AJAZ KHAN, (RESIDENTIAL ADDRESS NOT KNOWN TO THE PETITIONER) 16TH RANK, ROLL NO. NIMH221368, NATIONAL INSTITUTE OF MENTAL HEALTH AND NEURO SCIENCES HOSUR ROAD, BENGALURU - 560029. 6 SHAMA SHAREEN R., (RESIDENTIAL ADDRESS NOT KNOWN TO THE PETITIONER) 20TH RANK, ROLL NO. NIMH223576, NATIONAL INSTITUTE OF MENTAL HEALTH AND NEURO SCIENCES HOSUR ROAD, BENGALURU - 560029. 7 ANUSHKA MONA MITTAL, (RESIDENTIAL ADDRESS NOT KNOWN TO THE PETITIONER) 21ST RANK, ROLL NO. NIMH221874, NATIONAL INSTITUTE OF MENTAL HEALTH AND NEURO SCIENCES HOSUR ROAD, BENGALURU - 560029. 8 ANCY SARA KOSHY, (RESIDENTIAL ADDRESS NOT KNOWN TO THE PETITIONER) 22ND RANK, ROLL NO. NIMH224153, NATIONAL INSTITUTE OF MENTAL HEALTH AND NEURO SCIENCES HOSUR ROAD, BENGALURU - 560029. 9 ANGSHRUTA MAHANTA, (RESIDENTIAL ADDRESS NOT KNOWN TO THE PETITIONER) 23RD RANK, ROLL NO. NIMH224610, NATIONAL INSTITUTE OF MENTAL HEALTH AND NEURO SCIENCES HOSUR ROAD, BENGALURU - 560029. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 5.7.2022, THE COURT ON 22.09.2022 DELIVERED THE FOLLOWING:
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## **V.G.ARUN, J. ----------------------------------------------W.P(C).No. 21528 of 2022 ----------------------------------------------Dated this the 22[nd] day of September, 2022**
## **JUDGMENT**
The petitioner completed her Masters in Social Work in Medicine and Psychiatry from the Pondicherry University and is working as an Assistant Professor in the Social Work Department at the Ideal Arts and Science College, Cheruppulassery. By Exhibit P1 Prospectus, the second respondent initiated admissions for the academic year 202223. The petitioner applied for admission for the course, Master in Philosophy in Psychiatric Work. The petitioner secured 13[th] rank based on her performance in the entrance examination for the M.Phil course conducted on 11.6.2022. On 18.6.2022, the second respondent published the list of candidates provisionally selected for admission to various Post Graduate courses for the academic year 2022-23. To the petitioner’s dismay, her name was included only in the wait list of OBC category candidates. According to the petitioner, as per Exhibit P3 merit list, the person who secured first rank
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has to be admitted first to the unreserved category. Contrary to this, the first rank holder, Ms.Anzila E.K.V was not admitted in the general merit as an open merit candidate. Instead, the second rank holder belonging to the general category was admitted. Likewise, instead of admitting the next 11 candidates from open merit irrespective of their caste, the second respondent admitted the reserved category candidates against the reservation seats and inducted the general category candidates with lesser marks in their place. This resulted in the petitioner being denied the opportunity of admission, even after securing 13[th] rank. Hence this writ petition seeking the following reliefs;
- i) Call for the records leading to Ext.P4 and quash the same by the issuance of a Writ of Certiorari or any other writ order or direction;
- ii) Issue a writ of mandamus directing respondents 1 and 2 to appoint all candidates from the general merit list in the open category frist and thereafter appoint reserved candidates to the reserved seats under OBC and SC/ST categories.
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iii) Issue a writ of mandamus directing respondents 1 and 2 to appoint the petitioner as the first candidate in OBC category to which she is entitled to as per the rank list;
iv) Issue a writ of mandamus directing respondents 1 and 2 to consider on Exts.P7 and P8 representations and pass orders within a time frame."
2. When the writ petition came up for admission, it was noticed that the second respondent institute is situated in Bengaluru and the online entrance test was also conducted there. Hence, Counsel for the petitioner was called upon to argue on the question of territorial jurisdiction.
3. Learned Counsel contended that the petitioner is residing in Kerala and hence the consequence of the illegal admission procedure adopted by the second respondent is also suffered by her in Kerala. Therefore, irrespective of the fact that the institute is in Bengaluru and the entrance was also held there, the cause of action for filing the writ petition, insofar as the petitioner is concerned, has arisen within the territorial limits of this Court.
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4. No doubt, as per Article 226(2) of the Constitution of India, the High Court can exercise its jurisdiction in relation to the territories within which the cause of action wholly or in part arises, notwithstanding that the seat of the authority or the Government, or the residence of the person against whom direction/mandamus is sought, is situated outside the territory of the High Court. The question therefore is whether any part of the cause of action has arisen within Kerala. As held by the Apex Court in _**Alchemist Ltd. v. State Bank of Sikkim**_ [(2007) 11 SCC 335], ‘whether the facts averred by writ petitioner constitute a part of cause of action has to be determined on the basis of the question whether such facts constitute a material essential or integral part of the cause of action’. As far as the case at hand is concerned, the admission is to the second respondent institute situated in Bengaluru. The petitioner had appeared for the admission test also at Bengaluru. The merit list was prepared at Bengaluru and the process of admission was undertaken in Bengaluru. Being so, the mere reason that the impact of the denial of admission to her is felt by the petitioner in Kerala, does not give rise to a cause of action,
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as that factor does not constitute a material which forms an essential or integral part of the cause of action. Therefore, writ petition is found to be not maintainable for want of territorial jurisdiction.
In the result, the writ petition is dismissed.
**V.G.ARUN, JUDGE**
_vgs_
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## **APPENDIX OF WP(C) 21528/2022**
PETITIONER EXHIBITS
- Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF PROSPECTUS FOR 2022-23 ISSUED BY THE 2ND RESPONDENT.
- Exhibit P2 TRUE COPY OF THE ONLINE APPLICATION BEARING REGISTRATION NO. NIMH224470 SUBMITTED BEFORE THE 2ND RESPONDENT.
- Exhibit P3 TRUE COPY OF THE OVERALL MERIT LIST OF M.PHIL IN PSYCHIATRIC SOCIAL WORK PUBLISHED BY THE 2ND RESPONDENT.
- Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE LIST OF CANDIDATES PUBLISHED BY THE 2ND RESPONDENT INSTITUTE DATED 18/06/2022.
- Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF THE OVERALL MERIT LIST OF M.SC. IN PSYCHIATRIC NURSING PUBLISHED BY THE 2ND RESPONDENT.
- Exhibit P6 TRUE COPY OF THE INSTRUCTION TO PROVISIONALLY SELECTED PG CANDIDATES FOR SESSION 1 ADMISSION FOR THE ANNUAL YEAR 2022-23 ISSUED BY THE 2ND RESPONDENT
- Exhibit P7 TRUE COPY OF THE EMAIL ALONG WITH THE COMPLAINT DATED 29.06.2022 TO 1ST RESPONDENT.
- Exhibit P8 TRUE COPY OF THE EMAIL ALONG WITH THE COMPLAINT DATED 29.06.2022 TO 2ND RESPONDENT.
