Jurisdictional stipulation
Abhisek Upadhyay
(Querist) 05 July 2013
This query is : Resolved
Dear Sirs,
UGC has written in its notification of its UGC-NET Exam that "All legal disputes pertaining to this Test shall fall within the jurisdiction of Delhi Courts only."
However, candidates have filed Writ Petitions in a dozen high courts of different states and the courts have allowed the petition and given decree in the favour of the candidates.
How is it possible? Is this kind of jusisdictional stipulation invalid.
Raj Kumar Makkad
(Expert) 05 July 2013
Such clause is not tenable before law because the Civil Procedure Code cannot be changed by just such types of notifications. Even the jurisdiction of high courts is extra-ordinary.
Devajyoti Barman
(Expert) 05 July 2013
It would depend upon the facts of each case.
If there is multiple place of jurisdiction, the parties may decide to fix one of such places for litigation.
The parties however can not fix a new place for jurisdiction.
prabhakar singh
(Expert) 05 July 2013
Such agreements are valid between parties so long multiple jurisdictions are found.
But HIGH COURT acting under extra ordinary jurisdiction under the constitution is not obliged to follow agreements of parties as writs are not suit between parties to any such agreements.
R.K Nanda
(Expert) 05 July 2013
nothing to add.
Abhisek Upadhyay
(Querist) 05 July 2013
Actually, Kerala High Court has admitted 250 writ petitions against UGC despite this clause. Similary, High Courts of Bombay, Nagpur, Madras etc have admitted petitions and decreed in favour of the candidates.
Is it because the centre of examination was in these states?
Raj Kumar Makkad
(Expert) 05 July 2013
This is only because the High Courts can entertain any matter within their extra-ordinary jurisdiction without consideration of examination centers in those States.
