MR. LOKESH BANSAL vs INDIAN INSTITUTE OF SCIENCE & ANR.

$~66
* IN THE HIGH COURT OF DELHI AT NEW 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

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 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.

C.HARI SHANKAR, J
JANUARY 31, 2024
dsn
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WP(C) 1371/2024 Page 1 of 2