Aishwarya College Of It And Management ---- v. All India Council For Technical Education

$~60 & 61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9232/2024 & CM APPL. 37832/2024 AISHWARYA COLLEGE OF IT AND MANAGEMENT ---- .....Petitioner Through:

Mr.Sanjay Sharawat and Mr.Ashok Kumar, Advs.

versus ALL INDIA COUNCIL FOR TECHNICAL EDUCATION .....Respondent Through:

Mr.Anil Soni, SC with Mr.Devvrat Yadav, Advs.

Mr. Apoorv Kurup and Ms. Gauri Goburdhun, Advs. for R-2 + W.P.(C) 9342/2024 & CM APPL. 38298/2024 SALASAR BALAJI INSTITUTE OF TECHNOLOGY .....Petitioner Through:

Mr.Sanjay Sharawat and Mr.Ashok Kumar, Advs.

versus ALL INDIA COUNCIL FOR TECHNICAL EDUCATION .....Respondent Through:

Mr.Anil Soni, SC with Mr.Devvrat Yadav, Advs.

Mr. Apoorv Kurup and Ms. Gauri Goburdhun, Advs. for R-2

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

O R D E R

% 21.10.2024 1.

The instant petition is preferred by the petitioner for quashing of notice dated 11.06.2024, wherein, the duration of the PG course is notified as 'Five Years' instead of 'Four Years integrated MBA & MCA course (post graduate)' as sought by the petitioners in their applications. 2.

The Institutions in these cases are situated in Rajasthan and admittedly, outside the territorial jurisdiction of this Court. 3.

Taking into consideration the various aspects of the instant petition, the Court is of the opinion that the broad controversy arising herein, is squarely covered by the several orders passed by this Court concerning the dimension of territorial jurisdiction, which are summarised below:- Date of Order Cause Title Place where material Cause of Action arose RespondentAuthority 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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 4.

A bare perusal of the aforenoted orders would manifest that mere situs of any authority, original or appellate, would not be a sole determinative factor in conferring jurisdiction upon a High Court. Merely because a facet of cause of action has taken place in the territorial jurisdiction of this Court, the Court is not obligated to adjudicate upon the same when the essential, material and integral cause of action lies elsewhere. 5.

Therefore, in light of the doctrine of forum non- conveniens, which is attracted to the facts at hand, the Court is not inclined to entertain the instant petition.

6.

In view of the aforesaid, the petition stands disposed of, with a liberty granted to the petitioners to approach the jurisdictional High Court. 7.

All rights and contentions of the parties are left open. PURUSHAINDRA KUMAR KAURAV, J OCTOBER 21, 2024/MJ The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.