Excelsior Correspondent
JAMMU, Dec 28: The Jammu & Kashmir and Ladakh High Court has dismissed a Jaipur-based University’s plea for reimbursement of the expenses incurred by it with regard to tuition fee, hostel fee and cost of books after admitting the students from Jammu & Kashmir under the Prime Minister’s Special Scholarship Scheme.
Justice M A Chowdhary said merely because the students are from J&K, will not give any cause of action to file the writ petition before the High Court. “The court can exercise the power to issue directions, orders or writs for the enforcement of any of the fundamental rights conferred by Part III of the Constitution or for any other purpose if the cause of action, wholly or in part, had arisen within the territories in relation to which it exercises jurisdiction, notwithstanding that the seat of the Government or authority or the residence of the person against whom the direction, order or writ is issued, is not within the said territories”, Justice Chowdhary said.
High Court said that the university’s cause of action, under the given circumstances, cannot be said to have wholly or partly accrued within the jurisdiction of the court in J&K.
“Therefore, without going into the merits of the case, this petition is not worth to be entertained, in the light of the settled legal position and ‘no cause of action’ having arisen within the territorial jurisdiction of this court”, Justice Chowdhary said.
Follow our WhatsApp channel