Lokesh Bansal v. Indian Institute of Science & Anr

Delhi High Court · 31 Jan 2024 · 2024:DHC:739
C. Hari Shankar
W.P.(C) 1371/2024
2024:DHC:739
constitutional petition_dismissed

AI Summary

The Delhi High Court dismissed a writ petition challenging examination results for lack of territorial jurisdiction, directing the petitioner to approach the Karnataka High Court.

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WP(C) 1371/2024
HIGH COURT OF DELHI
W.P.(C) 1371/2024 & CM APPL. 5639/2024
MR. LOKESH BANSAL ..... Petitioner
Through: Mr. Rahul Gupta, Ms. Deepti Gupta Adv.
VERSUS
INDIAN INSTITUTE OF SCIENCE & ANR ...... Respondents
Through: Mr. Jagdish Chandra Solanki, SPC
WITH
Ms. Saakshi Yadva, Ms. Prerna Dhall, Advs. For R-2/UOI
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR O R D E R (O R A L)
31.01.2024
JUDGMENT

1. The petitioner, in this writ petition, is aggrieved by the result of the mid-term examination, undertaken by the petitioner by the Indian Institute of Science, Bengaluru.

2. The petitioner is also staying in Bengaluru. The writ petition has been filed in Delhi only because the Department of Higher Education, Ministry of Education is situated in Delhi.

3. The respondent whose action constitutes the basis for filing this writ petition is in Bengaluru. The petitioner is also in Bengaluru.

4. No significant part of the cause of action in this case has arisen in Delhi. Even applying the principle of forum conveniens, as the Signing Date:01.02.2024 23:01 WP(C) 1371/2024 petitioner and respondent are both situated in Bengaluru, this writ petition would have to be preferred before the High Court of Karnataka and not before this Court.

5. As such, reserving liberty with the petitioner to approach the High Court of Karnataka, this Court declines to entertain this writ petition on the ground of territorial jurisdiction.