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High Court of DelhiW.P.(C)/17574/2024

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

2024-12-19Hon'Ble Mr. Justice Purushaindra Kumar Kaurav6 pages

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 17574/2024 SRI GURU RAM RAI UNIVERSITY & ANR.

.....Petitioners Through:

Ms. Shyer Trehan, Sr. Adv. with Mr.

Manan Verma, Mr. Sagar Gaur and Ms. Vidhi Jain, Advs.

versus UNION OF INDIA & ORS.

.....Respondents Through:

Mr. T. Singhdev, Mr. Anum Hussain, Mr. Yamini Singh, Mr. Abhijit Chakravarty, Mr. Bhanu Gulati, Mr.

Tanishq Srivastava, Mr. Sourabh Kumar and Ms. Ramanpreet Kaur, Advs. for R-2.

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 19.12.2024 CM APPL. 74826/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

W.P.(C) 17574/2024 1.

This Court, in a catena of decisions, has maintained a consistent view that the mere presence/location of the Head Offices of certain respondents being situated within the territorial jurisdiction of this Court would not confer the requisite jurisdiction on this Court over the controversy. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

2.

A bare perusal of the facts of the case postulates that the petitionerinstitute is situated in the State of Uttarakhand and the consequential outcome of the petitioner-institute's request for an increase in PG seats would also be realised in the state of Uttarakhand. 3.

As reiterated in various decisions, the pertinent factors in determining the jurisdiction of the dispute would be the material, essential, and integral cause of action.

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.

Council For Education and Anr Punjab Council For 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 Shri Siddhi Vinayak Medical College and Hospital Sambhal, U.P. v. Union Of India and Anr Uttar Pradesh 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) 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 Medical Commission 21.10.2024 W.P.(C) 9232/2024 Aishwarya College Of IT and Management v. All India Council For Technical Rajasthan All India Council for Technical 21.10.2024 W.P.(C) 12008/2024 Smt. Gomti Smarak Vigyan Mahavidaylaya v. National Council For Teacher Education And Anr Uttar Pradesh Council for 22.10.2024 W.P.(C) 14608/2024 Shri Tej Singh Gajadhar College Department Of Pharmacy v.

Pharmacy Council Of India Connected with, Uttar Pradesh Pharmacy Council of India W.P.(C) 14620/2024 Maa Shakuntala Devi Mahavidhyalaya And Hospital v.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Pharmacy Council Of India And, W.P.(C) 14764/2024 Mamta College V. Pharmacy Council Of India And, W.P.(C) 14771/2024 Sovaran Singh Education Institute v.

Pharmacy Council Of India And, W.P.(C) 14823/2024 Raj Rani Mahavidhyalaya Faculty Of Pharmacy v. Pharmacy Council Of India 25.10.2024 W.P.(C) 8713/2024 Sai Saraswati Institute For Teacher Education v. National Council For Teacher Education & Anr.

Himachal Pradesh Council for 28.10.2024 W.P.(C) 15206/2024 Jatin v. Medical Counselling Committee And Ors Uttar Pradesh Medical Counselling Committee 04.11.2024 W.P.(C) 4468/2023 Rajdeep Global Institute Of Management v. Union Of India & Anr.

Madhya Pradesh All India Council for Technical 04.11.2024 W.P.(C) 10153/2023 The Presidium School Of Patna v.

Central Board Of Secondary Bihar Central Board Of Secondary 04.11.2024 W.P.(C) 10578/2023 Mansarovar Ayurvedic Medical College, Hospital And Research Center v. National Commission For Indian System Of Medicine And Anr Connected with, Madhya Pradesh National Commission For Indian System Of Medicine The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

W.P.(C) 10638/2023 Sri Sai Institute Of Ayurvedic Research And Medicine v.

National Commission For Indian System Of Medicine & Anr.

And, W.P.(C) 4935/2024 Shree Satya Ayurvedic Medical College And Hospital v. Union Of India And Others 3.

In view of the aforesaid, learned senior counsel appearing on behalf of the petitioners seeks to withdraw the instant writ petition with a liberty to make a representation to the respondents and in the meantime, to also approach respondent No.1 for redressal of her grievances. 4.

She also seeks liberty to pursue a second appeal under the extant regulations, which is pending before respondent No.1. Leave and liberty, as prayed for, is granted.

5.

It is directed that if the petitioner makes a representation to respondent No.1, let the same be considered and decided, strictly in accordance with law, and let the pending appeal of the petitioners be also disposed of by respondent No.1 with due expedition. 6.

In any event, the leave and liberty granted to the petitioner, to make a representation or to file an appeal under the extant regulations, shall not be construed that the Court has invoked its jurisdiction in adjudicating the controversy involved.

7.

It is to be further noted that in case the petitioner is aggrieved by any decision to be taken by the respondent(s), the remedy against such decision would lie before the jurisdictional High Court. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

With the aforesaid observation and direction, the instant writ petition stands disposed of as withdrawn.

9.

Order dasti.

PURUSHAINDRA KUMAR KAURAV, J DECEMBER 19, 2024/DPA/sp The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.