Jatin v. Medical Counselling Committee And ORS

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15206/2024 & CM APPL. 63803/2024 JATIN .....Petitioner Through:

Mr.Ankit singh and Mr.Vijay Rajput, Advocates.

versus MEDICAL COUNSELLING COMMITTEE AND ORS .....Respondents Through:

Mr.Rajesh Mishra, Ms.Anita and Ms.Arpita, Advocates for R-1 & 2.

Mr.Sanjay Khanna SC with Ms.Pragya Bhushan, Mr.Karandeep Singh, Mr.Tarandeep Singh, Advocates for R-3/NTA.

Ms.Anita Sahani, Advocate for R-6.

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 28.10.2024 CM APPL. 63804/2024 (for exemption) 1.

Exemption allowed, subject to all just exceptions. 2.

The application stands disposed of.

W.P.(C) 15206/2024 & CM APPL. 63803/2024 3.

The instant writ petition has been filed seeking the following reliefs:- "a.) issue a writ in the nature of mandamus or any other appropriate writ directing Respondent No. 1 & 2 to allow the petitioner to withdraw his admission from Respondent No. 4: Government Medical College, Kannauj, Uttar Pradesh and issue relieving certificate and original documents of the petitioner subject to acceptance by The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Respondent No. 5: NDMC Medical College at Hindu Rao Hospital, Delhi and Respondent No. 6: Guru Gobin Singh Indraprastha University, Delhi; and/or;

b.) 1ssue a writ in the nature of mandamus or any other appropriate writ directing Respondent No. 1 to open the web portal i.e. "intramcc.nic.in" for allowing Respondent No. 4 to upload the relieving certificate of the petitioner; and/or; c.) issue a writ in the nature of mandamus or any other appropriate writ directing Respondent No. 5 and 6 to accept the allotment of petitioner in Respondent No. 5 institute i.e. NDMC, Medical College at Hindu Rao Hospital, Delhi and grant admission to petitioner in terms of the provisional allotment letter dated 22.10.2024; and/ or; d.) 1ssue a writ in the nature of mandamus or any other appropriate writ directing Respondent No. 4 to transfer/ cancel/ alienate the bond of Petitioner to Respondent No. 5 in case of withdrawal of admission from Respondent No. 4; and/ or;

e.) In the alternative, 1ssue a writ in the nature of mandamus or any other appropriate writ directing Respondent No. 5 to refund the fee deposited by the petitioner to the tune of INR. 96,000 j -; and/ or; f.) Allow the present writ petition with exemplary cost." 4.

Learned counsel for the petitioner submits that the petitioner had qualified the NEET UG 2024-25 examination for admission in MBBS Course and scored 14504 as an all India rank. Thereafter, the petitioner participated in the counselling sessions conducted by respondent No.1Medical Counselling Committee (MCC) on the basis of his NEET UG score. In the second round, the petitioner was allotted respondent No.4Government Medical College, Kannauj and subsequently, respondent No.5NDMC Medical College at Hindu Rao Hospital was allotted to him in the third round. Following the allotment, the petitioner had duly paid the provisional fee and was also allotted a provisional allotment letter by respondent No.5- College but due to non-release of original documents on The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

part of respondent No.4- College and negation of resignation through online mode by respondent- MCC, the petitioner was unable to submit the said documents. It is submitted by the learned counsel of the petitioner that due to the aforesaid, the petitioner has been forced to select a college which is lower in all India rank despite being allotted a college having much higher all India rank.

5.

Learned counsel appearing on behalf of the petitioner while placing reliance on an order passed by this Court in W.P.(C) 7255/2019 titled Dr. Shidore Shital Mahatardeo v. National Board Of Examination (NBE) and another connected matter, submits that under almost similar circumstances, this Court has directed the respondents therein, to issue original documents. 6.

The facts of the case would clearly indicate that the principle prayer is against respondent No.4- College. The said College is located in Kannauj, Uttar Pradesh and thus, admittedly situates outside the territorial jurisdiction of this Court. The main grievance in the instant petition evidently relates to the non-release of original documents on part of respondent No.4- College, and without the release of original documents, the respondent-MCC may not be able to proceed with the process of admission in respondent No.5College. 7.

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:- 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 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 Aryans College of Education v.

National Council For Teacher Education and Anr Punjab National Council For Teacher Education 08.10.2024 W.P.(C) 14233/2024 Shri Siddhi Vinayak Medical College and Hospital Sambhal, U.P. v. Union Of India and Anr Uttar Pradesh National Medical Commission 14.10.2024 W.P.(C) 13570/2024 Shinde Institute of Pharmacy and Research v. Pharmacy Council of India Maharashtra Pharmacy council of India 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 Dr. Yash Jain v. Union Of India & Ors Bihar National Medical Commission 14.10.2024 W.P.(C) 13874/2024 Laxmi Private Iti v.

Directorate General Of Training Madhya Pradesh Directorate 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 7.

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. 8.

In the instant case, merely because the MCC's office which conducts the counselling at central level is situated in Delhi, the fact alone cannot be the determinative factor to entertain the instant writ petition before this Court. It is also pertinent to note here that the MCC is a central organisation which operates pan-India and the allotment of seats based on the NEET UG examinations is also a nationwide process. Therefore, this aspect alone cannot be the sole determining factor for invoking the jurisdiction of this Court.

9.

In light of the doctrine of forum non- conveniens and the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

aforementioned orders passed by this Court, the Court is not inclined to entertain the instant petition.

10.

Accordingly, the instant petition stands dismissed along with the pending application with liberty to the petitioner to approach the jurisdictional High Court.

11.

All rights and contentions of the parties are left open. 12.

Dasti.

PURUSHAINDRA KUMAR KAURAV, J OCTOBER 28, 2024 Nc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.