The Presidium School Of Patna v. Central Board Of Secondary Education
$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10153/2023 THE PRESIDIUM SCHOOL OF PATNA .....Petitioner Through:
Mr. Mayank Manish, Adv. with Mr.
Ravi Kant, Advs.
Versus
CENTRAL BOARD OF SECONDARY EDUCATION .....Respondent Through:
Mr. M.A. Niyazi, SC for CBSE with Ms. Anamika Ghai Niyazi, Ms. Kirti Bhardwaj and Mr. Arquam Ali, Advs.
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
O R D E R
% 04.11.2024 1.
The petitioner-School intends to operate in Sr. Secondary level education sector and therefore, has sought for an affiliation from the CBSE. 2.
Admittedly, the petitioner intends to set up an educational institution outside the territorial jurisdiction of this Court. 3.
Merely because the respondent's office is situated in Delhi, the Court at Delhi would not be construed to be the Court of appropriate jurisdiction when the integral, essential and material cause of action has arisen elsewhere, and the consequences thereto, will also be felt outside the territorial jurisdiction of this Court.
4.
This Court has considered various aspects relating to invocation of doctrine of forum non-coveniens and dominus litis. Reference can be made to some of the decision rendered by this Court in the following matters:- The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Date of Cause Title Place where material Cause of Action arose RespondentOrder Authority 02.09.2024 W.P.(C) 12041/2024 Uttrakhand Uttrakhand University of Ayurveda Smt. Manjira Devi Ayurveda Medical College And Hospital v. Uttrakhand University of Ayurveda & Ors.
05.09.2024 Division Bench LPA 894/2024 Smt. Manjira Devi Ayurveda Medical College And Hospital v. Uttrakhand University of Ayurveda & Ors.
Uttrakhand Uttrakhand University of Ayurveda 18.09.2024 W.P.(C) 12049/2024 Tamil Nadu The Indian Nursing Council Michael Builders and Developers Pvt.
Ltd. v. National Medical Commission and Ors 07.10.2024 W.P.(C) 14153/2024 Punjab National Council For Teacher Education Aryans College of Education v.
National Council For Teacher Education and Anr 08.10.2024 W.P.(C) 14233/2024 Uttar Pradesh National Medical Commission Shri Siddhi Vinayak Medical College and Hospital Sambhal, U.P. v. Union Of India and Anr 14.10.2024 W.P.(C) 13570/2024 Maharashtra Pharmacy council of India Shinde Institute of Pharmacy and Research v. Pharmacy Council of India 14.10.2024 W.P.(C) 11627/2024 Madhya Pradesh Directorate General Of Training 14.10.2024 W.P.(C) 12424/2024 Sun Private Iti v. Directorate General Of Training Uttar Pradesh & Haryana Pharmacy Council Of India Sri Guru Nanak Dev Institute Of Pharmacy v. Pharmacy Council Of India 14.10.2024 W.P.(C) 13601/2024 Bihar National Medical Commission 14.10.2024 W.P.(C) 13874/2024 Dr. Yash Jain v. Union Of India & Ors Madhya Pradesh Directorate Laxmi Private Iti v.
Directorate General Of Training General Of Training The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
15.10.2024 W.P.(C) 9525/2024 St. John College Of Nursing And Paramedical V. Pharmacy Council Of India Uttar Pradesh Pharmacy Council Of India 15.10.2024 W.P.(C) 13776/2024 Pkg Medical College & Hospital v.
Union Of India West Bengal National Medical Commission 21.10.2024 W.P.(C) 9232/2024 Aishwarya College Of It And Masnagement v. All India Council For Technical Education Rajasthan All India Council for Technical Education 21.10.2024 W.P.(C) 12008/2024 Smt. Gomti Smarak Vigyan Mahavidaylaya v. National Council For Teacher Education And Anr Uttar Pradesh National Council for Teacher Education 5.
Accordingly, the doctrine of forum non coveniens stands attracted and the Court declines to entertain the instant writ petition and instead grants liberty to approach the jurisdictional High Court. 6.
The petition is dismissed with all rights and contentions of the parties, left open.
PURUSHAINDRA KUMAR KAURAV, J.
NOVEMBER 4, 2024 p'ma The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.