Dismissed

Mansarovar Ayurvedic Medical College, Hospital and Research Center v. National Commission for Indian System of Medicine and Anr.

Delhi HC4 Nov 2024W.P.(C)/10578/2023

Case brief

AI extract

What is this about?

The Delhi High Court dismissed multiple writ petitions filed by ayurvedic medical colleges situated outside Delhi challenging penalties imposed by the National Commission for Indian System of Medicine. Relying on the doctrine of forum non conveniens and the location of the cause of action, the Court declined jurisdiction.

What did the court decide?

Writ petitions dismissed and liberty to approach the jurisdictional High Court granted.

Mansarovar Ayurvedic Medical College, Hospital and… — Writ and Judicial Review | Delhi HC (2024)

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$~28 to 30

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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 29 + 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 30 + 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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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 22:34:23

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Versus

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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

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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

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CORAM:

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HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 04.11.2024

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

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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.

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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

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1 (2004) 6 SCC 254

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2 (2007) 11 SCC 335

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 22:34:23

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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.

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

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This Court has considered almost similar arguments in the following writ petitions:-

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Date of Order	Cause Title	Place where material Cause of Action arose	Respondent- 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

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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
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

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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.

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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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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.

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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.

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All rights and contentions are left open

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

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PURUSHAINDRA KUMAR KAURAV, J.

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NOVEMBER 4, 2024 p’ma

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Mansarovar Ayurvedic Medical College, Hospital and Research Center v. National Commission for Indian System of Medicine and Anr.

Case brief

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What did the court decide?

Mansarovar Ayurvedic Medical College, Hospital and Research Center v. National Commission for Indian System of Medicine and Anr.

Case brief

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