FACTS OF THE CASE
- The petitioner has filed the application under Order XXXIX Rules 1 and 2 of CPC,1908.
- The petitioner who is the plaintiff seeks permanent and mandatory injunction declaring that the defendant has got excellent grade in the JEE MAINS Examination 2023 due to the coaching imparted by petitioner to the defendant.
- After the declaration of result, the petitioner was aggrieved because defendant no. 1 to.5 were claiming credit for the result of defendant no.6.
- Thereupon, he served notice dated 17.11.20.to the defendant no.1 to 5 asking them to refrain rom illegal activity of claiming credit of students of petitioner’s institute.
CONTENTIONS OF THE PARTIES
- The learned counsel appearing on behalf of the petitioner has contended that it is the hard work and consistent efforts that the petitioner has put in teaching. He submits that defendant no.1 to 5 have conspired and malafidely tried poaching his students.
- The learned counsel appearing on behalf of the respondent objects to the contentions raised by the petitioner and submits that there is no real ground for the submission of the application. It was submitted that the defendant no.6 had himself enrolled in the defendant’s institute.
OBSERVATIONS OF THE COURT
- The honourable Delhi High Court rejected the application on the ground that it lacks merits and thus gave no injunction against the defendants.
- The court said that the academic excellence of the student is a result of his endless efforts and hard work and such cannot be dragged into the litigation for commercial and profitable purpose.
- The court observed that the defendant no.6 was no longer a student of the plaintiff’s institute. Infact, he ceased to be a student of the institute even before appearing the exam.
- Court held that the petitioner has failed to prove his submissions and there is prima facie nothing to show that the absence of an injunction would cause an injury to the plaintiff.