Dr. Mrs. Neeru Ahuja vs Dav College Managing Committee & ...
2015 Latest Caselaw 4309 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                          W.P.(C) No. 5386/2015

%                                                     27th May, 2015

DR. MRS. NEERU AHUJA                                         ..... Petitioner

                           Through:      Petitioner in person.

                           versus

DAV COLLEGE MANAGING COMMITTEE & ANR.

                                         None.               ..... Respondents

                           Through:

CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?


VALMIKI J. MEHTA, J (ORAL)

1.    Petitioner has filed this writ petition under Articles 226 and 227 of the

Constitution of India seeking various reliefs with respect to rectification of

salary, overdue promotion and arrears.


2.    Petitioner is admittedly a teacher of respondent no.2/D.A.V. Sr. Sec.

Public School which is a school at Sahibabad in Ghaziabad, UP. Therefore, the

entire cause of action will arise at Sahibabad in Ghaziabad, UP where the

petitioner has served as a teacher in the respondent no.2/School.           Merely

because the managing committee of the School/respondent no.1 is pleaded to
WP(C) 5386/2015                                                                  Page 1 of 3
 be situated at Delhi will not mean that the cause of action will not arise at

Sahibabad in Ghaziabad, UP inasmuch as, entire service of the petitioner has

been only at the respondent no.2/School at Sahibabad in Ghaziabad, UP and not

in Delhi. The respondent no.2/School will be governed by the local laws

applicable to the schools in Uttar Pradesh and not the Delhi School Education

Act, 1973 which applies only to schools in Delhi.


3.     In any case, the law is well settled in view of the Full Bench judgment of

this Court in the case of M/s Sterling Agro Industries Ltd. Vs. Union of India

& Ors. AIR 2011 Delhi 174, that, exercise of jurisdiction in a writ petition

under Article 226 of the Constitution of India is subject to the principle of

forum conveniens/forum non conveniens, and therefore, I consider that since the

entire record with respect to the petitioner will be available not within the

territorial jurisdiction of this Court, but within the territorial jurisdiction of a

court which will deal with the petitioner's services with the respondent

no.2/School at Sahibabad in Ghaziabad, UP, this Court would be forum non

conveniens.




WP(C) 5386/2015                                                                  Page 2 of 3
 4.    In view of the above, this Court has no territorial jurisdiction or in any

case is not a court of forum conveniens, and thus the writ petition is not

maintainable before this Court and this writ petition is accordingly dismissed.




MAY 27, 2015                                        VALMIKI J. MEHTA, J.

ib