The Delhi High Court recently held that ed-tech platforms have the right to rank universities based on publicly available information provided the same is not used disparagingly [M/s Getmyuni Education Services Private Limited Vs Mangalayatan University].
Justice Manoj Kumar Ohri made the observation while granting relief to Getmyuni Education Services (appellant), which had moved the Court challenging injunction orders passed by a lower court restraining it from publishing information about two universities.
The Court set aside the injunction orders stating that the ed-tech platform has a right to use publicly available information regarding the universities.
“The appellant has a right to use publicly available information about the respondents, as long as the same is not disparagingly presented by the appellant,” the High Court stated.
Two universities, Mangalayatan University and Usha Martin University, moved a Delhi Court in Dwarka seeking to restrain Getmyuni from using their information on the website.
They contended that the rankings given on the website were incorrect.
The Delhi court passed interim injunction orders in March 2023 directing Getmyuni to take down the published material pertaining to the two universities.
Getmyuni then approached the High Court.
Getmyuni submitted that it is an education-technology platform that posts information about universities on its website and creates rankings and lists of colleges.
The ed-tech start-up stated that it acts in public interest to enable students to choose a college for higher studies.
It contended that the website is not involved in misrepresentation or association with any university.
It further submitted that the rankings are based on information from the National Institutional Ranking Framework (NIRF), ‘The Week’ and ‘India Today’ magazines.
In the judgment delivered on February 17, the High Court noted that Getmyuni had not used the publicly available information in a disparaging manner.
However, the trial court did not consider this fact, the High Court said.
“The trial court, while passing the impugned order, has failed to appreciate that there is no evidence to show that the appellant has tinkered with the NIRF rankings, added its own editorial comments on the rankings, or commented on the quality of the services provided by the ranked institutions,” it stated.
The Court rejected the argument made by the two universities that the rankings given on Getmyuni's website were disparaging.
In this regard, the Court noted that Getmyuni's article clearly gave references to the public information on rankings, which it had taken from other sources.
“It is an unconvincing argument made by the respondent that the rankings per se, shown on the website, are disparaging to its professional reputation when the rankings displayed on the website are referenced to the rankings available in the public domain and are open-sourced,” the Court stated.
While deciding to set aside the injunction, the Court also considered that the universities had made no allegation of appropriation of its intellectual property.
Thus, it set aside the order of the lower court.
Advocates Udian Sharma, Jaitegan Singh Khurana, Aarzoo Aneja, Manav Mitra, Subhika Joshi, Sahil Saraswat and Harsha Sadhwani appeared for the ed-tech platform.
Advocate Avneet Singh Sikka appeared for the universities.
[Read Judgment]