2025:JHHC:32325 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.3223 of 2018 ------- Shahid Ali Khan, Aged 46 years, son of Mr. Abid Ali Khan, Resident of 4/247, Kela Nagar, Near Hira School, P.O. Dodhpur P.S. Kuarsi District Aligarh, U.P.-202002 … Petitioner Versus 1. Birla Institute of Technology, Mesra, Ranchi through its Registrar, B.I.T. Mesra, Hazaribagh Road, P.O. Mesra, P.S. Sadar, District Ranchi, Jharkhand, PIN Code 835215. 2. Chairman of Board of Governor, Β.Ι.Τ. Mesra, Hazaribagh Road, P.O. Mesra, P.S. Sadar, District Ranchi, Jharkhand, PIN Code 835215. 3. Vice Chancellor, Β.Ι.Τ. Mesra, Hazaribagh Road, P.Ο. Mesra, P.S. Sadar, District Ranchi, Jharkhand, PIN Code 835215. 4. Registrar, B.I.T. Mesra, Hazaribagh Road, P.O. Mesra, P.S. Sadar, District Ranchi, Jharkhand, PIN Code 835215. 5. Administration and HR Management International Centre, Waljat College of Applied Science (WCAS), C. Reg. No. 1/67879/5, P.O. 197, Rusayl, Postal Code 124, Muscat, Sultanate of Oman, Through: The Registrar, B.I.T. Mesra, Hazaribagh Road, P.O. Mesra, P.S. Sadar, District PIN Code 835215. Ranchi, Jharkhand, 6. Dean/ Director, BIT (IC) International Centre at Waljat College of applied Science (WCAS), C. Reg. No. 1/67879/5, P.O. 197, Rusayl, Postal Code 124, Muscat, Sultanate of Oman, Through the Registrar, B.I.T. Mesra, Hazaribagh Road, P.O Mesra, P.S. Sadar, District Ranchi, Jharkhand PIN Code-835215..……Respondents ------- CORAM : HON'BLE MR. JUSTICE DEEPAK ROSHAN ------- For the Petitioner : Mr. A. Allam, Sr. Adv. : Ms. Asfia Sultana, Adv. : Mr. Faisal Allam, Adv. For the Respondents: Mr. Srijit Choudhary, Adv. : Mr. Aayush Ojha, Adv. ------- 2025:JHHC:32325 2 CAV ON:10.09.2025 Pronounced On:-16/10/2025 Heard learned counsel for the parties. 2. The instant writ application has been preferred by the petitioner for quashing the order of termination dated 18.10.2017 (Annxure-11) communicated by the 5th Respondent to the Respondent no. 4 in view of the fact that the same was issued without holding any inquiry and without issuing any show cause notice. Further prayed for quashing the termination order dated 17.10.2017 (ANNEXURE-11/1), issued by the Administration and HR Manager along with Dr. S.L. Gupta, Dean and communicated to the petitioner. Further prayer is made to pay the arrear of salary w.e.f. the date of termination to the date of reinstatement as petitioner is not gainfully employed somewhere else. 3. Briefly stated, as per the pleadings in the writ application, after advertisement the Petitioner had applied for the appointment as Lecturer in BIT Mesra, Ranchi, in the subject Computer Science. Accordingly, an offer letter was given by the BIT on 23.09.2004 clearly stipulating that BIT Mesra has 6 teaching campuses in India, and 2 in abroad i.e. Muscat and Bahrain and the Petitioner may be posted anywhere. 2025:JHHC:32325 3 Petitioner was offered a letter of appointment from BIT Mesra, Ranchi. The Petitioner joined in Muscat in 2004. Thereafter, he was re-designated/promoted as an Assistant Professor w.e.f. 05.01.2011 (Annexure-3). Further, he was assigned an important work as an In- charge of examination centre. Since the Petitioner was having difficulty in managing his engagement in examination department besides the heavy load of teaching work, so, he decided to forgo the additional assignment of examination, and one Dr. Prabal Dutta was assigned the job of Head Examiner w.e.f. 16.05.2017. Although Dr. Prabal Dutta became Head- Examiner on 16.05.2017 but some examination was left out in which the Petitioner had to work as Head Examiner. On 08.06.2017, there was one examination in which one student Fatima Al Wahidi had a mobile in her possession although it was not allowed, so the invigilator seized the mobile and her copy was also seized but no action was taken against her. When there was annual vacation in between 19.07.2017 to 19.08.2017, a letter was issued to the Petitioner vide Annexure-6 regarding his absence in Muscat and why he did not return from India. 2025:JHHC:32325 4 On 30.08.2017, a committee was constituted to enquire into the absence of the Petitioner and issued show cause notice vide Annexure-7/1 on 05.09.2017 which was replied by the Petitioner. 4. It has been alleged by the Petitioner that since the Dean of a Faculty had animosity with the Petitioner and after taking a plea that as to why Fatima Al Wahidi, although, wrote 11 pages in 37 minutes, she obtained grade-A, and on this basis, charge was levelled against the Petitioner that he must be involved in getting the additional copy written in the examination when the examination was over. In addition to this, there was a meeting on 17.08.2017 and 13.09.2017 in which the committee discussed about petitioner and suspected his hand in copying the answer sheets by the candidate when the examination was over, and recommended his termination. Thereafter, termination letter was issued to the Petitioner. Against the termination letter the petitioner made representation before the Vice Chancellor but all in vain. Aggrieved the petitioner has preferred the present writ application. 4. Learned senior counsel for the petitioner submitted that the committee conducted the meeting in absence of the petitioner when he was in India. 2025:JHHC:32325 5 He further contended that according to rule 11 of BIT Mesra, power of termination is vested only with the Vice Chancellor. The termination letter as contained in Annexure-11 also shows that it was addressed to the Registrar, BIT, Mesra at Ranchi. The offer of appointment clearly stipulated that Muscat is one of the centres of BIT Mesra and it has no independent entity. Learned Senior Counsel further contended that no agreement of any kind was entered into in between the petitioner and authority of Waljat College of Applied Science at Muscat, Oman and BIT Mesra is the only authority under the rules and regulation of the institute to take disciplinary action or appoint any eligible candidate in accordance with law. Learned senior counsel lastly submitted that neither show cause was issued nor the charge-sheet nor any inquiry was held and he was terminated by an Authority who had no jurisdiction, as such the instant writ application deserves to be allowed by quashing the impugned order. 5. Learned counsel for the respondent-BIT raised preliminary objection with regard to maintainability, inasmuch as, there was an agreement between Waljat Institute of Applied Sciences and Birla Institute of Technology in which it is mentioned in Article-9 that 2025:JHHC:32325 6 compliance with the laws between the parties will that be of Sultanate of Oman. The petitioner was the employee of Waljat Institute of Applied Sciences and will be governed with the law which was compiled in Sultanate of Oman. Learned Counsel further contended that there was a contract of employment between Mr. Sahid Ali Khan and Waljat HR and Trustee Council in which point no.13 clearly stipulates that the provisions of Oman Labour Law and its Executive Regulation shall apply on all matters. He further submitted that on 07.11.2017 Dean Faculty Affairs by e-mail informed the petitioner that he was employee of Waljat College and not an employee of B.I.T., Mesra. He lastly submitted that the termination letter was approved by the Waljat Institute of Applied Sciences Trustee Council and was terminated by Waljat College through Director HR. So, the respondent BIT has no role in this particular matter as the petitioner is an employee of Waljat College and not B.I.T., Mesra. 6. Having regard to the aforesaid submissions and the documents available on record, it transpires that there was a contract of employment between petitioner and Waljat HR and Trustee Council. However, in terms of contract of employment, which has been 2025:JHHC:32325 7 duly signed by the petitioner; in clause 12 and 13 of the contract of employment, it is specifically mentioned as under. “12. This contract is made in two Arabic copies, each of which is to be delivered to each party. If the contract is made in a language other than Arabic, it should be accompanied by a copy made in Arabic and approved by both the parties, and shall have the same power of evidence.” “13. The provision of Oman labor law and its Executive Regulations shall apply on all matters not specifically mentioned in this contract.” But we also know that the petitioner was initially appointed by the BIT Mesra and the agreement between BIT Mesra and Waljat Institute of Applied Sciences will not affect the petitioner in view of the fact of their internal agreement. Howover, in view of a specific clause, i.e. the provisions of Oman Labour Law and its Executive Regulations shall apply on all matters not specifically mentioned in the contract; and the same agreement has been duly signed by the petitioner implies that the petitioner has, on his own will, for getting the job in Oman, has released his cause of action in case of any dispute to the local laws of Oman. And certainly, Oman Labor Law and its Executive Regulations will govern the petitioner because cause of 2025:JHHC:32325 8 action arose in Oman and this court has no jurisdiction to try this case. 7. This Court by order dated 22.06.2023 formulated following questions. (i) Whether, the termination order passed by the Officer of Waljat College of Applied Science, Sultanate of Oman can be subject matter of challenge before this High Court? (ii). Whether, the agreement entered into by BIT Mesra and Sultanate of Oman is binding on the present petitioner, who was appointed by the Authority of BIT, Mesra? (iii). Whether, the impugned order has been passed in in complete violation of principles of natural justice and without jurisdiction? (iv). Other issues, if any, shall be taken up at the time of hearing of the case. 8. Thus the question No.1 i.e., whether the termination order passed by the Officer of Waljat Institute of Applied Sciences, Sultanate of Oman can be subject matter of challenge before this High Court, goes against the petitioner, inasmuch as having regard to the aforesaid discussions, especially the employment agreement signed by the petitioner, whereby he has voluntarily acceded to clause No. 13 that the local law of 2025:JHHC:32325 9 Oman will govern the petitioner and since the cause of action, and also entire episode, admittedly; arose beyond the jurisdiction of this Court, as such, the said dispute cannot be the subject matter of challenge before this Court. In view of the answer given to the question No.3(i), question No.3(ii) also goes against the petitioner. As a matter of fact, from the records available, it is crystal clear that entire action has occurred beyond the jurisdiction of this Court. Further, after the order of termination, the Petitioner has accepted all the monetary benefits without any protest and as a matter of fact, after getting all the benefits, he knocked the door of this Court. So far as the third question is concerned, since the Court has decided not to interfere due to extra- territorial jurisdiction, the same cannot be answered. 9. At the cost of repetition, it is evident that the instant application arises out of the termination letter which was approved by the Waljat Institute of Applied Sciences Trustee Council and was terminated by Waljat College through Director HR. So, the Respondent Nos. 1 to 4 has no role in this particular matter as the Petitioner was an employee of Waljat College and not B.I.T, Mesra. 2025:JHHC:32325 10 Thus, whilst the main grievance of the Petitioner is against 5th and 6th Respondents as the cause of action arose out of termination of the petitioner in Oman and by perusing the charge-sheet and the initiation of departmental proceedings, this Court has no hesitation in holding that this Court has no jurisdiction under Article 226 of Constitution of India. 10. The contention of the Petitioner that he was appointed by BIT Mesra at Ranchi will not give jurisdiction to this Court as appointment of the Petitioner is entirely separate cause with that of dismissal and the Petitioner is terminated at Oman. 11. Accordingly, the instant writ application stands disposed of with the liberty to the petitioner to raise his grievance before the proper Court. (Deepak Roshan, J.) October 16, 2025 Fahim/- AFR Uploaded on 17.10.2025