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TMI Blog2024 (7) TMI 1580X X X X Extracts X X X X X X X X Extracts X X X X ..... ted within the territorial jurisdiction of this Court, it cannot be a ground to entertain the instant writ petition. As per the Kusum Ingots Alloys Ltd. v. Union of India [ 2004 (4) TMI 342 - SUPREME COURT] , in case a small part of cause of action arises within the territorial jurisdiction of a High Court, the same by itself may not be considered to be a determinative factor to compel that particular High Court to exercise its jurisdiction. Further, in appropriate cases, the Court may decline to exercise its discretion by invoking the doctrine of forum conveniens. A Coordinate Bench of this Court in the case of Chinteshwar Steel Pvt. Ltd. v. Union of India [ 2012 (10) TMI 1281 - DELHI HIGH COURT] , has held that in case of pan India Tribunals, or Tribunals/statutory authorities having jurisdiction over several States, the situs of the Tribunal would not necessarily be the marker for identifying the jurisdictional High Court. This Court also notes, based on judicial precedents, that Courts have the power under Article 226 of the Constitution of India to exercise or decline their discretion to entertain writ petitions when the petitioner has an alternative, more appropriate, and con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itute is also approved and recognized by the State Government of Punjab. The name of the institute was changed from Chintpurni College and Hospital to White Medical College and Hospital. The petitioner is aggrieved by the communication dated 24.06.2024 bearing no. Renewal/UGMEB/2023-24/727 issued by the National Medical Commission/respondent no. 2. 3. Ms. Pinky Anand, learned Senior Counsel appearing on behalf of the petitioner-institute argues that on, 24.06.2024 a communication bearing no. Renewal/UGMEB/2023-24/727 had been issued by respondent no. 2 i.e. National Medical Commission on the subject assessment of annual declaration form and grant of renewal of undergraduate seats (MBBS) for the year 2024-25, whereby the petitioner-institute had been denied renewal of seats of MBBS for the academic year 2024-25. In this regard, it is argued that said communication dated 24.06.2024 is illegal, arbitrary and unjustified as the same has been issued without providing the petitioner-institute an opportunity of being heard, which is in contravention with the principles of natural justice. It is further argued that as per Chapter III-Penalties Clause 8 of the Maintenance of Standard of Med ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is situated in the State of Punjab and the medical college is affiliated with Baba Farid University of Health Science and is under the administrative control of the Director, Medical Education and Research, Punjab, SAS Nagar, Mohali, Punjab. The petitioner-institute is also approved and recognized by the State Government of Punjab. The ground on which the petitioner-institute has approached this High Court is that the Head Office of National Medical Commission i.e., respondent no. 2 is situated within the territorial jurisdiction of this Court. However, merely because the office of respondent no. 2 is situated within the territorial jurisdiction of this Court, it cannot be a ground to entertain the instant writ petition. 8. In this regard, it will be useful to refer to the judgment of Hon'ble Apex Court in case of Kusum Ingots Alloys Ltd. v. Union of India 2004:INSC:319 : (2004) 6 SCC 254. The relevant observations which are relevant to the facts of the present case are extracted hereunder: Forum conveniens 30. We must, however, remind ourselves that even if a small part of cause of action arises within the territorial jurisdiction of the High Court, the same by itself may not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion given by Lord Brett in Cooke v. Gill [Cooke v. Gill, (1873) LR 8 CP 107] that cause of action means every fact which it would be necessary for the plaintiff to prove, if traversed, in order to support his right to the judgment of the court , has been accepted by this Court in a couple of decisions. It is axiomatic that without a cause, there cannot be any action. However, in the context of a writ petition, what would constitute such cause of action is the material facts which are imperative for the writ petitioner to plead and prove to obtain relief as claimed. 17. Determination of the question as to whether the facts pleaded constitute a part of the cause of action, sufficient to attract clause (2) of Article 226 of the Constitution, would necessarily involve an exercise by the High Court to ascertain that the facts, as pleaded, constitute a material, essential or integral part of the cause of action. In so determining, it is the substance of the matter that is relevant. It, therefore, follows that the party invoking the writ jurisdiction has to disclose that the integral facts pleaded in support of the cause of action do constitute a cause empowering the High Court to decide ..... X X X X Extracts X X X X X X X X Extracts X X X X
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