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High Court of DelhiW.P.(C)/17484/2024

Sri Guru Ram Rai University & ANR. v. Union Of India & ORS.

2024-12-18Hon'Ble Mr. Justice Purushaindra Kumar Kaurav4 pages

$~100 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 17484/2024, CM APPLs. 74409/2024 & 74410/2024 SRI GURU RAM RAI UNIVERSITY & ANR.

.....Petitioners Through:

Ms.Shyel Trehan, Sr.Adv with Mr.Manan Verma and Mr.Sagar Gaur, Advs.

versus UNION OF INDIA & ORS.

.....Respondents Through:

Mr.Rajnish Kumar Gaind, SPC with Mr.Hemant Kaushik and Mr.Himanshu Gupta, Advs for R-1.

Mr.Aayush Agrawal, Adv and Ms.Mahamaya Chatterjee, G.P. for UOI.

Mr.T.Singhdev, Mr.Bhanu Gulati, and Ms.Anum Hussain, Advs for R-2.

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 18.12.2024 1.

This Court has taken a consistent view that merely on the ground that the respondents or even an appellate authority is situated within the territorial jurisdiction of this Court, the same would not be the sole determinative factor to entertain a writ petition. 2.

The Court has held that it is the integral, essential, and material cause of action that would determine the jurisdiction of the Court. 3.

A bare perusal of the facts of the present case demonstrates that the petitioner-institute is situated in the State of Uttarakhand. The consequential The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

outcome of the petitioner-institute's request for increase in PG seats would also be realised in the State of Uttarakhand. 4.

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 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.

Uttarakhand 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.

Uttarakhand 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 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) 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 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 Management 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.

In the instant case, the petitioner-University is admittedly situated outside the territorial jurisdiction of this Court. 6.

In view of the aforesaid, learned senior counsel appearing on behalf of the University, seeks leave to withdraw the instant petition with liberty in the meantime, to make a representation and approach respondent no.1 for redressal of her grievance and the further liberty to approach the jurisdictional High Court.

7.

Leave and liberty, as prayed, is granted.

8.

In the meantime, it is also directed that if the petitioner makes a The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

representation to respondent No. 1, let the same be considered in accordance with the law.

9.

In any case, the aforesaid aspect would not be construed to mean that the Court has the territorial jurisdiction to decide the controversy. If the petitioner-University is eventually aggrieved by the said order, the petition would lie before the jurisdictional High Court. 10.

Accordingly, the instant petition along with pending applications is disposed of as withdrawn.

11.

All rights and contentions are left open.

12.

Dasti.

PURUSHAINDRA KUMAR KAURAV, J DECEMBER 18, 2024/MJ The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.