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2017 Supreme(Del) 29
IN THE HIGH COURT OF DELHI AT NEW DELHI
SANJEEV SACHDEVA, J.
SIMRAN SINGHAL – Petitioner
Versus
VICE CHANCELLOR INDRAPRASTHA UNIVERSITY & ORS. – Respondents
W.P.(C) 12176 of 2016
Decided On : 04-01-2017
For the Petitioner: Mr. Pankaj Garg and Mr. Milind Garg
For the Respondent: Mr. Vaibhav Kalra
The court emphasized the importance of complying with the specific conditions and regulations outlined in the relevant ordinance for inter-university migration.
Headnote:
Migration - Educational Institution - Minimum Standards of Architectural Education Regulations, 2015, Ordinance 7 of Guru Gobind Singh Indraprastha University - Regulation 5, Ordinance 7 - The court discussed the petitioner's request for migration from one educational institution to another, citing relevant regulations and ordinances. The court highlighted the discretionary power of institutions to allow migration and the specific conditions under which migration can be permitted, ultimately leading to the dismissal of the petition.
Fact of the Case:
The petitioner sought migration from Galgotia University to MBS College of Planning and Architecture due to distance from residence. The court found that the petitioner's circumstances did not qualify as special circumstances for inter-university migration as per the relevant ordinance.
Finding of the Court:
The court found no merit in the petition and dismissed it, clarifying that the decision would not prevent the petitioner from seeking migration to a university without similar restrictions.
Issues: The main issue was whether the petitioner's circumstances qualified as special circumstances for inter-university migration as per the relevant ordinance.
Ratio Decidendi: The court held that the petitioner's circumstances did not meet the conditions stipulated by the relevant ordinance for inter-university migration, leading to the dismissal of the petition.
Final Decision: The petition was dismissed with no costs.
SANJEEV SACHDEVA, J.
1. The petitioner has filed the present petition seeking a direction to the respondents to dispose of the applications/Request Letters of the petitioner dated 08.10.2015 and 21.09.2016. By letter dated 08.10.2015, the petitioner had written to the Vice Chancellor, Galgotia University, seeking for No Objection Certificate for migration from the School of Architecture under the Galgotia University at Greater Noida to MBS College of Planning and Architecture at Dwarka under the Guru Gobind Singh Indraprastha University. By letter dated 21.09.2016, a similar request was made to the Chairman, University Grants Commission.
2. The petitioner had taken admission in the year 2015 in B.Arch. Course with Galgotia University, School of Architecture at Greater Noida.
3. The petitioner, by the said letters dated 08.10.2015 and 21.09.2016 requested for grant of No Objection certificate for migration to the MBS College of Planning and Architecture at Dwarka. The reason given by the petitioner is that the residence of the petitioner is far away from the Institute at Greater Noida and substantial time is spent in commuting between the residence and the Institute.
4. The petitioner has cleared the first and second semester examination and has already taken the examination of the 3rd Semester and is awaiting the results.
5. Reliance is placed by the learned counsel for the petitioner on the Minimum Standards of Architectural Education Regulations, 2015 of the Council of Architecture, more particularly, Regulation 5, which deals with intake and migration, to contend that the Institutions, at their discretions, are empowered to allow migration of students from one Institution to another.
6. Further reliance is placed on the judgment of this Court dated 19.08.2013 in W.P.(C) No.4467/2013 titled Shashank Shandilya versus Guru Gobind Singh Indraprastha University & Another, wherein reference is made to another decision in Aman Ichhpuniani versus Vice Chancellor, Delhi University, 1998(71) DLT 201, to contend that the discretionary power conferred on the Principal of a College from which migration is sought, to forward or not to forward a prayer for migration, is coupled with a duty to act reasonably, guided by relevant considerations and not by whims or caprice and further a student has a right to choose an educational institution of his choice while seeking admission.
7. Learned counsel for Guru Gobind Singh Indraprastha University, who appears on advance notice, submits that in terms of the Ordinance 7 of the said University relating to Migration of students, no inter university migration is allowed in normal circumstances, however, it could be allowed, under special circumstances, in beginning of the 2nd Year/3rd Semester only.
8. It is contended that the circumstances, referred to by the petitioner of distance, are not special circumstances entitling the petitioner for inter university migration.
9. The petitioner is residing at Patparganj, Delhi and the Institute where the petitioner had taken admission in the year 2015 is at Greater Noida under the Galgotia University. The petitioner seeks migration to an Institute at Dwarka which is under the Guru Gobind Singh Indraprastha University.
10. Ordinance 7 of the Guru Gobind Indraprastha University (GGIP University) reads as under:-
“Ordinance 7
No Migration shall be allowed from other Universities/Colleges to the University School of Studies, University maintained colleges or affiliated institutions i.e. no inter-university migration shall be allowed in normal circumstances.
It can be allowed in the beginning of 2nd year/3rd Semester only under special circumstances by the Vice-Chancellor, on the recommendations of a sub-committee, comprising of three members of Academic Council, constituted by the Vice-Chancellor subject to the following conditions:
(i) The applicant student/candidate must have cleared each paper of both the semester of 1st year/or all papers of the 1st year as it
