IN THE HIGH COURT OF DELHI
Prateek Jalan, J.
Riddhima Singh - Appellant
Versus
Central Board of Secondary Education - Respondent
W.P.(C) 6007 of 2019
Decided On : 08-07-2021
| Table of Content |
|---|
| 1. motion for review of a dismissed writ petition. (Para 1 , 2) |
| 2. petitioner's argument on jurisdiction. (Para 3 , 4) |
| 3. court's analysis on territorial jurisdiction. (Para 5 , 7) |
| 4. arguments on cause of action and jurisdiction. (Para 6 , 8 , 9 , 10) |
| 5. court's view on correctness of previous judgment. (Para 11 , 12 , 14) |
| 6. dismissal of the review petition. (Para 13 , 15 , 16) |
JUDGMENT
Prateek Jalan, J. (Oral)
The proceedings in the matter have been conducted through video conferencing.
REVIEW PET. 94/2021 & CM APPL. 19781/2021 (for consideration)
1. By way of this review petition, the petitioner seeks review of the judgment of this Court dated 04.06.2021 by which W.P.(C) No. 6007 of 2019 filed by the petitioner was dismissed. The petitioner has also filed CM. APPL. 19781/2021 with the title "application for considering this writ along with amendment application and to provide opportunity to defent my case".
2. By the judgment under review, this Court has held that the writ petition is not maintainable on the grounds of forum non conveniens, and dismissed the petition with liberty to the petitioner to approach the appropriate court for the same relief.
3. The review petition runs into 72 pages, and contains paragraphwise contentions with regard to the contents of the judgment under review. I have requested Mr. Shailendra Kumar Singh, the father of the petitioner, who argued the writ petition in person and has also argued the review petition in person, to crystallise his submissions within the parameters of the review jurisdiction of the Court. The arguments raised by him in support of the petition are dealt with in the following paragraphs of this order.
4. The first argument of Mr. Singh is that the question of territorial jurisdiction, although noted in the first order of this Court dated 27.05.2019, was not reiterated in the further orders starting with the order dated 27.08.2019. According to Mr. Singh, the Court passed further orders upon its satisfaction on the point of territorial jurisdiction, and the issue was no longer open.
5. I find Mr. Singh's submission in this regard wholly misconceived. The order dated 27.05.2019 notes the issue of territorial jurisdiction and specifically records that all issues, including the issue of territorial jurisdiction, remain open. None of the subsequent orders decide this issue in favour of the petitioner. In fact, Mr. Singh is unable to point out any such order and submits that the decision on territorial jurisdiction is "implicit" in the subsequent orders of the Court. To the contrary, in the order dated 26.11.2020, it is specifically noted that the petition would be heard inter alia on the question of maintainability with regard to territorial jurisdiction. Mr. Singh's ground of review on this account is therefore rejected.
6. Mr. Singh's next submission is that the judgment under review is in error in holding that the ground upon which the jurisdiction of this Court was invoked, is that the head office of the Central Board of Secondary Education ["CBSE"] is situated in New Delhi. According to Mr. Singh, the cause of action also arose in New Delhi. In support of this contention, he submits that the byelaws, regulations etc., framed by the CBSE were framed at its head office in New Delhi.
7. The submission to this effect is also untenable. The framing of byelaws, regulations etc., at the head office of the CBSE does not confer a right upon the parties in any part of the country to approach this Court for the ventilation of its grievances. As noted in the judgment under review, the petitioner is a resident of Ghaziabad, Uttar Pradesh, and the school is also located there. The judgment therefore proceeds on the ground that a different court is a more appropriate court for agitation of those grievances, and the point raised by Mr. Singh is not dispositive of that finding.
8. Mr. Singh further submits that the Court has failed to take into account the docum
A review petition cannot serve as an opportunity to reargue matters previously adjudicated, and territorial jurisdiction is determined by the location of the relevant grievance, not the location of a....
Education Law - Non-payment of fees - Mere presence of CBSE as a respondent in petition is not sufficient to enable this Court to exercise jurisdiction under Article 226 of Constitution. The Court ma....
The principle of forum non conveniens allows courts to decline jurisdiction if a more appropriate forum exists, particularly in education-related disputes where the School is located outside the cour....
The main legal point established in the judgment is that the cause of action must arise within the territorial jurisdiction of the High Court for the exercise of power under Article 226 of the Consti....
The court reaffirmed that a review petition cannot substitute for an appeal and must strictly address clear errors without reevaluating merits or facts.
Territorial jurisdiction of a High Court cannot be invoked solely based on the respondent's headquarters location; the court must apply the doctrine of forum non-conveniens when the material, essenti....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.