REGISTRATION Vs. AHLCON PUBLIC SCHOOL

JUDGEMENT

(1.) The matter has been placed before us for deciding the issue as to the maintainability of the proceeding.

(2.) It is not necessary to set out in detail the facts giving rise to the present proceeding. It is not in dispute that the respondent is an educational institution imparting education to students. The matter pertains to the educational activities of the respondent. In its ruling in the case of NITTE Education Trust and Anr. V/s. Union of India and Anr., 1997 5 CTJ 229, the High Court of Karnataka has held that education and matters pertaining to education would fall outside the purview of the Monopolies and Restrictive Trade Practices Act, 1969 (the MRTP Act for brief ). In its Full Bench ruling in the case of The Director General, (Investigation and Registration) V/s. Holy Angels School,1998 6 CTJ 129, this Commission has ruled that a ruling of a High Court is binding to this Commission in absence of any ruling either of the Hon'ble Supreme Court or of any other High Court taking a view contrary to that taken by the concerned High Court on the point in question. In that view of the matter, the proceeding in this case would not be maintainable as it pertains to educational activities of the respondent.

(3.) Learned Counsel Mr. Dua for the DG has submitted that the aforesaid Full Bench ruling of this Commission in the case of Holy Angels School deserves reconsideration in view of the Division Bench ruling of the High Court of Delhi in the case of Taylor Instrument Co. (India) Ltd. V/s. Commissioner of Income Tax,1998 232 ITR 771. In the aforesaid Division Bench ruling of the High Court of Delhi it has been held that a decision of a High Court would be binding to the Tribunal within its territorial jurisdiction. According to learned Counsel Mr. Dua for the DG, since the seat of this Commission is in Delhi, the territorial jurisdiction of this Commission would be Delhi and no ruling of any High Court other than the High Court of Delhi would be binding to this Commission.