The Delhi High Court recently ruled that it cannot claim territorial jurisdiction over a case simply because a small part of the cause of action took place in Delhi [Dr. Neha Chandra vs. Union Of India And Ors].
Justice Purushaindra Kumar Kaurav made this observation while rejecting a petition filed by Dr. Neha Chandra. She had challenged an order by the National Board of Medical Exam Sciences (NBEM), an autonomous body under the Union Ministry of Health and Family Welfare, headquartered in Delhi.
The court noted that aside from the NBEM being located in Delhi, all critical aspects of the case occurred in Uttar Pradesh, outside the jurisdiction of the Delhi High Court. Furthermore, any order passed would primarily affect Uttar Pradesh.
As a result, the court dismissed the petition based on the doctrine of forum conveniens, which states that jurisdiction should rest with the court best suited to resolve the dispute.
“The court has consistently held that the mere fact that a fraction of the cause of action arose within a High Court’s territorial jurisdiction is not sufficient grounds for that court to entertain a writ petition. The doctrine of forum conveniens applies, considering all relevant facts and circumstances,” the court observed.
Dr. Chandra had challenged the NBEM’s cancellation of her diploma course candidature in Uttar Pradesh, allegedly due to a five-month delay in joining classes. She argued that since the NBEM is based in Delhi, the Delhi High Court should have jurisdiction. However, the court disagreed, noting that while it has discretionary powers under Article 226(1) & (2) of the Constitution to hear cases based on a fraction of the cause of action, the exercise of such discretion depends on the specific circumstances of each case.
Accordingly, the court dismissed the petition, giving Dr. Chandra the option to approach the appropriate court in Uttar Pradesh.
Advocates Sriparna Chatterjee and Soumitra Chatterjee represented Dr. Chandra, while Senior Panel Counsel Anushkaa Arora and Government Pleader Gokul Sharma represented the Union of India.
