TaxTMI 
TaxTMI 
2024 (9) TMI 1899
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.... appeal has been filed under Clause X of the Letters Patent Act, 1866 against the order dated 2nd September, 2024 passed in W.P.(C) No.12041/2024 whereby the learned Single Judge has dismissed the said writ petition on the ground of lack of territorial jurisdiction. 2. Mr. Harmeet Singh Ruprah, learned counsel for the appellant states that the appellant is an Ayurveda Medical College situated within the nine hilly districts of the State of Uttarakhand and claims to stand against the injustices imposed upon the students of the appellant and the residents of the said Districts. He states that the inaction of the respondents has resulted in denial of access to quality medical education and essential health care services. 3. He states tha....
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....for the entire course duration along with other relevant examinations for the course. 5. He states that the learned Single Judge, instead of considering the matter on merits and examining the issue of violation of Articles 14 and 19(1)(g) of the Constitution of India qua the students of the 2022 batch and the appellant, has perfunctorily dismissed the writ petition on the hypertechnical ground of lack of territorial jurisdiction. According to learned counsel for appellant, since respondent nos. 2, 3 and 4 are located in Delhi, there is no question of lack of territorial jurisdiction with this Court. Moreover, he states that the respondent nos. 2 and 4 are central to the issue raised by the appellant and are Ministries/Departments whose d....
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....t no.4 which is located in Delhi, hence there cannot be a dispute in respect of territorial jurisdiction with this Court. 8. Per contra, Mr. Farman Ali, learned counsel appearing for the respondents supports the observations made by the learned Single Judge in the impugned order regarding lack of territorial jurisdiction. In support of the said contention, he invites attention to page nos.55 and 100 of the paper book annexed to the underlying writ petition. He states that admittedly, these are representations submitted by the appellant to the Secretary, Ayush and Ayush Education, Uttarakhand Secretariat, Dehradun, Uttarakhand, dated 5th September, 2022 and to the Registrar, Uttarakhand Ayurveda University, Harrawala, Dehradun dated 14th ....
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....ot disputed that the respondent no. 1/University, to which the appellant is affiliated, is also located in Uttarakhand. Undeniably, the representations by the appellant have been submitted not only to the Registrar of the Uttarakhand Ayurveda University at Dehradun but also to the Secretary, Ayush and Ayush Education, Uttarakhand Secretariat which itself is located in Dehradun in the State of Uttarakhand. Admittedly, no representation at all on the issue raised in the underlying writ petition has ever been submitted to any of the respondent nos. 2 to 4 who are located in Delhi. It is not the case of the appellant that any such representation was indeed made over to respondent nos. 2 to 4 or that the same were either rejected or not responde....
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....onstitution of India and conclusively observed that though a small part of cause of action may confer such jurisdiction, yet, unless the said cause of action is a material fact in issue, ordinarily the Courts having jurisdiction over material/major facts alone would exercise their jurisdiction under Article 226 of the Constitution of India. The relevant para of Riddhima Singh (supra) reiterating the ratio as laid down in Sterling Agro (supra) is reproduced hereunder:- "9. It is a settled position of law that where only a small part of the cause of action arises in the territorial jurisdiction of a Court, the same cannot automatically clothe the Court with jurisdiction under Article 226 of the Constitution of India. In such cases, t....