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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 ..... tal seeking the following reliefs: "i. Allow the instant petition; ii. Issue a writ of Mandamus or any other writ, order direction, directing the respondents to grant renewal permission to the petitioner institute for 150 seats for admission to the MBBS Course for Academic Year 2024-25. iii. Issue a writ of Certiorari/setting aside the letter no Renewal/UGMEB/2023-727 dated 28.06.2024 issued by the respondents declining the renewal permission to the petitioner institute and or iv. Issue necessary directions to the respondents to grant an opportunity of being heard and then deciding the case of the petitioner on merits on parity with the other institutions to which the permission of renewal has been granted". 2. The present petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nication 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 Medical Education Regulation, 2023, the petitioner-institute had to be provided with a reasonable opportunity to rectify the deficiencies, if any, and only thereafter, any action could have been taken if the petitioner-institute would have failed to meet the requisite norms. However, it is stated that the same has been blatantly ignored by respondent no. 2 in the present case. It has been further argued that many oth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itioner is primarily against respondent no. 2 i.e. National Medical Commission, whose head office is situated in Delhi and all the communications with the petitioner-institute have been made by respondent no. 2 from Delhi itself, the petitioner-institute has approached this Court and the present writ petition is thus maintainable. 6. This Court has heard arguments on behalf of both the parties and has perused the material placed on record. 7. It is noted that the petitioner-institute 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-in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 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. 10. A similar view was also taken by the Hon'ble Apex Court in the case of State of Goa v. Summit Online Trade Solutions (P) Ltd. 2023:INSC:229 : (2023) 7 SCC 791, wherein it has been held as under: "14. While dealing with an objection as to lack of territorial jurisdiction to entertain a writ petition on the ground that the cause of action has not arisen within its jurisdiction, a High Court essentially has to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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