Dismissed

Aishwarya College of It and Management ---- v. All India Council for Technical Education

Delhi HC21 Oct 2024W.P.(C)/9232/2024

Case brief

AI extract

What is this about?

Petitions filed to quash a notice regarding the duration of PG courses in institutions located in Rajasthan. The Delhi High Court held that it lacks territorial jurisdiction as the material cause of action lies elsewhere and dismissed the petitions allowing the petitioners to approach the competent jurisdictional High Court.

What did the court decide?

Petition stood disposed of with liberty to approach the jurisdictional High Court.

Aishwarya College of It and Management ---- Vs All… — Education and Admissions | Delhi HC (2024)

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$~60 & 61

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 9232/2024 & CM APPL. 37832/2024

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AISHWARYA COLLEGE OF IT AND MANAGEMENT ----

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.....Petitioner Through: Mr.Sanjay Sharawat and Mr.Ashok Kumar, Advs.

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versus

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ALL INDIA COUNCIL FOR TECHNICAL EDUCATION

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.....Respondent Through: Mr.Anil Soni, SC with Mr.Devvrat Yadav, Advs. Mr. Apoorv Kurup and Ms. Gauri Goburdhun, Advs. for R-2

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- W.P.(C) 9342/2024 & CM APPL. 38298/2024 SALASAR BALAJI INSTITUTE OF TECHNOLOGY

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.....Petitioner

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

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versus

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ALL INDIA COUNCIL FOR TECHNICAL EDUCATION

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.....Respondent Through: Mr.Anil Soni, SC with Mr.Devvrat Yadav, Advs. Mr. Apoorv Kurup and Ms. Gauri Goburdhun, Advs. for R-2

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CORAM:

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HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

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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 20:45:01

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O R D E R

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% 21.10.2024

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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.

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

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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:-

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

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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 20:45:01

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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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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.

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

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All rights and contentions of the parties are left open.

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PURUSHAINDRA KUMAR KAURAV, J

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OCTOBER 21, 2024/MJ

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Aishwarya College of It and Management ---- v. All India Council for Technical Education

Case brief

What is this about?

What did the court decide?

Aishwarya College of It and Management ---- v. All India Council for Technical Education

Case brief

What is this about?

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