INDERMEET KAUR, J.

1. By way of this petition, the petitioner is seeking a quashing of the Office Order dated 04.10.2016 as also for quashing the amendment in Ordinance 7 of the Guru Gobind Singh Indraprastha University (GGSIPU-respondent No.1) in so far as it bars migration in the medical colleges of the said respondent No. 1. The petitioner is also seeking a positive prayer of migration from his second year (3rd Semester) MBBS course (which he is pursuing at Fakhruddin Ali Ahmed Medical College, Barpeta, Assam) to the North DMC Medical College, Delhi affiliated to respondent No.1. In the alternate, it has been prayed that the Medical Council of India (respondent No.2) should independently consider the case of the petitioner in terms of Regulation 6 of its Regulations and allow the petitioner to migrate from his second year MBBS course to respondent No.1.

2. Record reveals as under:-

3. In June, 2015, the petitioner had contested the All India Medical Entrance Examination for a graduate medical course. He got admission in the first year MBBS program in Fakhruddin Ali Ahmed Medical College, Barpeta, Assam. On reaching Assam, the petitioner learnt about the communal tension in the area which was neither safe and nor a conducive environment for study. A major communal tension was reported in the year 2015 it self. The petitioner also found difficult to adapt to the cultural differences and the diet of the North Eastern region which took a toll on the mental and physical health of the petitioner. In fact on 04.11.2015, vide a Notification issued by the Ministry of Home Affairs, Government of India the entire state of Assam had been declared as a “disturbed area”.

4. On 16.06.2016, respondent No.1 had issued notice for submission of applications for migration to various courses of respondent No.1. The petitioner submitted his application on 06.07.2016 for migration to the second year course of MBBS in the University of respondent No.1. On 10.07.2016, the petitioner was informed by respondent No.1 that respondent No.1 does not permit migration in the MBBS course.

5. On 05.09.2016, the first year result of MBBS course was declared. The petitioner had passed in the examination. On 06.09.2016, an NOC for migration to the second year course of MBBS by the North DMC Medical College, Hindu Rao Hospital was issued to the petitioner. On 16.09.2016, an NOC for migration was also granted to the petitioner by his relieving college i.e. Fakhruddin Ali Ahmed Medical College, Barpeta, Assam. The relieving University of the petitioner i.e. Srimanta Sankaradeva University of Health Science, Guwahati, Assam also granted the necessary NOC on 01.10.2016.

6. The petitioner in reply to the mail dated 10.07.2016 (sent by respondent No.1) whereby the father of the petitioner met the officials of respondent No.1 and presented his case to them. Another request was sent to respondent No.1 vide application dated 16.09.2016. A reminder was issued on 03.10.2016. On 04.10.2016, the petitioner submitted his completed application to respondent No.2; this was minus the NOC issued by respondent No.1 who had failed to grant him the said NOC. On the same date, respondent No.1 again declined the request of the petitioner for migration. Respondent No.1 relied upon Notification No. IPU/JR(C)/Ord. 07/BM60/Amd./2015 dated March, 2015 wherein it had notified a purported amendment in Ordinance 7 of GGSIPU Act introduced by the Board of Management in its 60th meeting held on 23.02.2015. In terms of this Notification migration at medical colleges of respondent No.1 was barred. This was without rhyme or reason and carried out in an arbitrary and a whimsical manner. Present petition was accordingly filed.

7. Respondent No.1 has filed a counter affidavit which is in the nature of a short affidavit. Submission is that respondent No.1 has been created under the Guru Gobind Singh Indrapratha University Act, 1998 passed by the NCT of Delhi. Its focus is to facilitate and promote