Mansarovar Ayurvedic Medical College, Hospital And Research Center v. National Commission For Indian System Of Medicine And ANR

$~28 to 30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10578/2023 and CM APPL. 41123/2023, CM APPL. 32852/2024, CM APPL. 33152/2024 MANSAROVAR AYURVEDIC MEDICAL COLLEGE, HOSPITAL AND RESEARCH CENTER .....Petitioner Through:

Mr. Bhanu Gulati and Mr. Abhijit Chakravarty, Advs.

Versus

NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE AND ANR .....Respondents Through:

Ms. Archana Pathak Dave, ASG with Mr. Kumar Prashant, Mr. Pramod Kumar Vishnoi, Mr. Avnish Dave and Mr. Vaibhav Dwivedi, Advs. for R-1 + W.P.(C) 10638/2023 SRI SAI INSTITUTE OF AYURVEDIC RESEARCH AND MEDICINE .....Petitioner Through:

Mr. Bhanu Gulati and Mr. Abhijit Chakravarty, Advs.

Versus

NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE & ANR.

.....Respondents Through:

Ms. Archana Pathak Dave, ASG with Mr. Kumar Prashant, Mr. Pramod Kumar Vishnoi, Mr. Avnish Dave and Mr. Vaibhav Dwivedi, Advs. for R-1 + W.P.(C) 4935/2024 and CM APPL. 20212/2024 SHREE SATYA AYURVEDIC MEDICAL COLLEGE AND HOSPITAL .....Petitioner Through:

Mr. A. Mariarputham, Sr. Adv. with Mr. Avneesh Arputham and Mr.

Ankit Sharma, Advs.

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Versus

UNION OF INDIA AND OTHERS .....Respondents Through:

Mr. Akshay Amrit Anshu, Sr. Panel Counsel with Mr. Kshitij Mittal, G.P.

with Ms. Swati Mishra, Ms. Drishti Saraf and Ms. Pragya Upadhyay, Advs. for R-1 Ms. Archana Pathak Dave, ASG with Mr. Kumar Prashant, Mr. Pramod Kumar Vishnoi, Mr. Avnish Dave and Mr. Vaibhav Dwivedi, Advs. for R-2 Mr. Sarvan Kumar and Ms. Priya Dwivedi, Advs. for R-4

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 04.11.2024 1.

Various arguments have been made by learned counsel appearing on behalf of the petitioner.

2.

Even learned Senior Counsel appearing on behalf of the petitioner in W.P.(C) 4935/2024 places reliance on the decisions of the Supreme Court in the case of Kusum Ingots & Alloys Ltd. v. Union of India and Another1 and Alchemist Ltd. and Another v. State Bank of Sikkim and Others2 and submits that if the decision passed by the Supreme Court was considered in right perspective, the same would indicate that it is the choice of the litigant to choose his forum and even a part of cause of action arising in the territory of this Court would be sufficient to invoke the jurisdiction of this Court. 3.

Learned counsel appearing on behalf of the petitioner in W.P.(C) 10578/2023, while pointing out the interim order dated 10.08.2023, submits 1 (2004) 6 SCC 254 2 (2007) 11 SCC 335 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

that in terms of the said order, the petitioner has deposited the amount of penalty and once a writ petition has been entertained, the Court, at this stage, may not relegate the petitioners to other jurisdictional High Courts. 4.

I have considered the aforesaid submissions and have also perused the record before this Court.

5.

This Court has considered almost similar arguments in the following writ petitions:- Date of Cause Title Place where material Cause of Action arose RespondentOrder Authority 02.09.2024 W.P.(C) 12041/2024 Smt. Manjira Devi Ayurveda Medical College And Hospital v. Uttrakhand University of Ayurveda & Ors.

Uttrakhand Uttrakhand University of Ayurveda 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 Michael Builders and Developers Pvt.

Ltd. v. National Medical Commission and Ors Tamil Nadu The Indian Nursing Council 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 Shinde Institute of Pharmacy and Research v. Pharmacy Council of India Maharashtra Pharmacy council of India The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

14.10.2024 W.P.(C) 11627/2024 Sun Private Iti v. Directorate General Of Training Madhya Pradesh Directorate General Of Training 14.10.2024 W.P.(C) 12424/2024 Sri Guru Nanak Dev Institute Of Pharmacy v. Pharmacy Council Of India Uttar Pradesh & Haryana Pharmacy Council Of India 14.10.2024 W.P.(C) 13601/2024 Bihar National Medical Commission 14.10.2024 W.P.(C) 13874/2024 Laxmi Private Iti v.

Directorate General Of Training Dr. Yash Jain v. Union Of India & Ors Madhya Pradesh Directorate General Of Training 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 Rajasthan All India Council for Technical Education Aishwarya College Of It And Masnagement v. 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 6.

Admittedly, the institutions in the instant writ petitions are situated outside the territorial jurisdiction of this Court. Penalty, if any, imposed by the respondent will have to be recovered from the concerned institution which is outside the territorial jurisdiction of this Court. 7.

The facts of the present writ petitions attract the doctrine of forum non conveniens signifying that the Court has a discretionary power to decline to exercise its jurisdiction where another Court, is better suited to adjudicate the case.

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8.

Merely because the respondent's offices are situated in Delhi, the same cannot be the sole determinative factor to invoke the jurisdiction of this Court. The Court finds that the material, essential and integral cause of action has arisen outside the territorial jurisdiction of this Court. 9.

In view of the aforesaid, the writ petitions stand dismissed along with the pending applications saving liberty to the petitioners to approach the jurisdictional High Court.

10.

All rights and contentions are left open 11.

The interim order passed by this Court shall remain in force for a period of four weeks from today.

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.