Jagpreet Singh vs Union Of India And Others

Jagmohan Bansal, J

The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking direction to respondents to decide his representations dated 27.09.2025 (Annexure P-7), 11.12.2025 (Annexure P-8) and 03.01.2026 (Annexure P-9) and attach him to plain area, preferably near Delhi/Chandigarh/Jalandhar as per medical opinion.

The petitioner is serving as Lance Naik in Indian Army. He while performing duty at Kupwara on 13.08.2023 collapsed and lost consciousness. He was medically examined and diagnosed with neurological and psychiatric illness. He has been advised not to stay in high altitude or cold regions. He by representations dated 27.09.2025, 11.12.2025 and 03.01.2026 has requested respondents to attach him to low altitude unit or hospital where he may get medical treatment.

Learned counsel for respondents, who on advance notice, is present in Court, submits that this Court has no territorial jurisdiction because neither petitioner is posted within jurisdiction of this Court nor any order has been passed within jurisdiction of this Court. The petitioner has further alternative remedy to approach Armed Forces Tribunal.

Faced with this, learned counsel for petitioner submits that he has limited prayer to direct respondents to decide his representation. He is staying in District Fatehabad, thus, this Court has territorial jurisdiction.

Heard the arguments and perused the record.

This Court in Manoj Kumar V/s Union of India & Others (Law Finder Doc ID #2446843) relying upon full bench judgment of Allahabad High Court in Manish Kumar Mishra V/s Union of India & Others, 2020 SCC OnLine All 535 and full bench judgment of Kerala High Court in The Registrar, Indian Maritime University V/s K.G. Viswanathan and Another, 2014 SCC OnLine Ker 21221 has held that writ petition cannot be entertained merely on the ground that petitioner is staying within territorial jurisdiction of this Court. The petitioner has further alternative remedy to approach Armed Forces Tribunal.

In the backdrop, the petition stands dismissed on the ground of maintainability/jurisdiction with liberty to petitioner to avail alternative remedies as permissible by law.