IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2157 of 2010 ALOK KUMAR S/O SHRI SAKAL DEO THAKUR R/O ADALWADI(W), P.S.HATHSARGANJ,HAJIPUR, DISTT-VAISHALI (BIHAR) Versus 1. THE PRINCIPAL SECRETARY &COMMISSIONER TOURISM GOVERNMENT OF BIHAR & CHAIRPERSON, INSTITUTE OF HOTEL MANAGEMENT (SOCIETY), RAMASHISH CHOWK, HAJIPUR 2. INSTITUTE OF HOTEL MANAGEMENT, CATERING & NUTRITION RAMASHISH CHOWK, HAJIPUR, THROUGH THE PRINCIPAL 3. THE PRINCIPAL, INSTITUTE OF HOTEL MANAGEMENT, CATERING & NUTRITION JYOTISAR, KURUKSHETRA, HARYANA For the Petitioner : M/s Dr. S.N. Jha, Sr. Adv., Dhruba Mukherjee, Anando Mukherjee, Advocates. For Respondent No.2 : M/s Alok Kr. Sinha, Indrajeet Bhushan Advocates. ----------- 04. 15.03.2010 Heard learned counsel for the petitioner and the counsel for the Institute of Hotel Management, Catering and Nutrition (hereinafter referred to as the Institute). 2. Petitioner filed this writ application praying inter alia to direct the institute to permit him to appear in the interview for appointment on the post of Lecturer to be held on 10.2.2010. Aforesaid request was considered by this Court under interim order dated 8.2.2010 and in compliance of the directions of this Court respondent no.2 permitted the petitioner to appear in the interview held on 10.2.2010. Later under orders dated 23.2.2010 this Court permitted respondent no.2 to publish the result of the interview, which has been published and petitioner could not succeed in the interview, so submitted counsel for respondent no.2, although, his case was considered on merit, notwithstanding the contents of letter dated 16.6.2009 of the Member Secretary of the Institute of Hotel Management, Catering and Nutrition, Kurukshetra, Anneuxre-5 as also the contents of letter No. 1424 dated 16.12.2009 issued by the Principal, Institute of Hotel Management, Catering and Nutrition, Jyotisar, Kurukshetra, Annexure-D, whereunder it was reported that - 2 - probation of the petitioner was terminated on account of his unsatisfactory behaviour as the girl students of the Institute made complaint against him. Similar letter bearing No.14 dated 8.2.2010 was also received from the Institute of Hotel Management, Catering and Nutrition, Chennai as contained in Annexure-E to the counter affidavit. 3. Learned counsel for the petitioner desired to challenge the contents of letter dated 16.12.2009 and 8.2.2010, Annexures-D and E in this proceeding and prayed for grant of liberty for such challenge with reference to Sub-Clause-(2) of Article-226 of the Constitution of India, which inter alia enable the High Court to consider the challenge even in such cases in which part of cause of action has arisen within its jurisdiction. According to the learned counsel for the petitioner the probation of the petitioner was terminated at Haryana but the cause behind termination of probation has been disclosed to the petitioner by filing counter affidavit through respondent no.2 in the present proceeding, as such, according to learned counsel, this Court has jurisdiction in terms of Sub-Clause-(2) of Article 226 of the Constitution of India to consider the challenge made by the petitioner to the contents of letter dated 16.12.2009, Annexure-D either before this Court or in the Central Administrative Tribunal at Patna. I regret not to accept such submission on behalf of the petitioner, the probation of the petitioner was terminated at Haryana, the letter terminating the probation as also the letter containing the cause behind such termination has been issued at - 3 - Haryana. In the circumstances, petitioner has the liberty to challenge the termination order coupled with letter dated 16.12.2009, Annexure- D before the appropriate forum at Harayana. 4. In view of my observations above, I grant liberty to the petitioner to challenge the order terminating his probation as also the reasons assigned therefor as contained in Annexure-5, D to the writ application and the counter affidavit before the appropriate forum at Haryana in accordance with law. 5. With the liberty aforesaid this writ application is disposed of. Rajesh/ (V.N.Sinha, J.)