Federalism is a part of the basic structure of the Constitution and it applies to the judiciary as well. A High Court in one State cannot exercise powers which, under normal circumstances, can be exercised only by the High Court in another State, the Madras High Court has said, while holding that only the Karnataka High Court can decide a dispute related to removing a Bengaluru medical college from the ambit of a deemed-to-be university in Chennai.
Justice Abdul Quddhose directed the High Court Registry to return a joint writ petition filed by Dr. MGR Educational and Research Institute in Chennai and the Raja Rajeswari Medical College and Hospital in Bengaluru challenging an order passed by the Union Ministry of Education on May 24 this year. The Ministry had withdrawn a notification issued on February 14, 2019 declaring that the Bengaluru college would fall within the ambit of the Chennai university.
Since the order under challenge had been passed by the Centre pursuant to a direction issued by the Karnataka High Court on November 30, 2021 to reconsider the grant of the ‘2019 ambit notification’, the present writ petition ought to have been filed only in Karnataka, Justice Quddhose held. He rejected the argument that a part of cause of action had arisen in Chennai due of the location of the university and therefore, the Madras High Court could entertain the case.
