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2019 Supreme(Del) 118
IN THE HIGH COURT OF DELHI AT NEW DELHI
C. HARI SHANKAR, J.
DHRUV KUMAR SHARMA - Petitioner
Versus
GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY AND ANR. - Respondents
W.P.(C) 8939 of 2018 & CM APPLs. 35536 of 2018, 37417 of 2018, 53723 of 2018
Decided On : 09-01-2019
For the Petitioner: Mr. Girish Kumar Sharma and Ms. Sushma Sharma, Advs.
For the Respondents: Mr. Jasbir Bidhuri and Mr. Arun Sanwal, Advs., Mr. Ankit Jain and Mr. Siddharth Nath, Advs., Ms. Binisa Mohanty and Mr. Amitesh Kumar, Advs.
Migration from one college to another is not a matter of right, except in cases of serious difficulties or inconvenience.
Headnote:
NOC - Migration for B.A. LL.B Course - GGSIPU - [Section 2, Section 3, Section 4, Section 5, Section 6, Section 7, Section 8, Section 9, Section 10, Section 11, Section 12, Section 13, Section 14, Section 15, Section 16] - The court discussed the petitioner's request for a No Objection Certificate (NOC) to migrate from one college to another under the GGSIPU. The judgment highlighted the legal provisions related to migration and emphasized that migration is not a matter of right, except in cases of serious difficulties or inconvenience. The court cited previous cases where compelling circumstances supported the claim for migration and emphasized that the petitioner's grounds for migration were not compelling enough to grant relief.
Fact of the Case:
The petitioner sought a writ of mandamus to obtain a NOC for migration to another college affiliated to GGSIPU for the third semester of the B.A. LL.B course. The petitioner's family planned to shift residence, and he sought migration based on this.
Finding of the Court:
The court dismissed the writ petition as the grounds for migration were not compelling enough to grant relief.
Issues: The main issue was the petitioner's request for a NOC to migrate to another college under GGSIPU.
Ratio Decidendi: The court emphasized that migration is not a matter of right, except in cases of serious difficulties or inconvenience, and cited previous cases where compelling circumstances supported the claim for migration.
Final Decision: The writ petition was dismissed with no order as to costs.
1. Dhruv Kumar Sharma, the petitioner, has moved this Court, for issuance of a writ of mandamus, to the Fairfield Institute of Management and Technology (hereinafter referred to as “FIMT”), to issue a No Objection Certificate (NOC), which would enable him to migrate to one of the other colleges/institutes affiliated to the Guru Gobind Singh Indraprastha University (impleaded as Respondent No.1 and referred to, hereinafter, as “the GGSIPU”), for the third semester of the B.A. LL.B course being undertaken by him.
2. Consequent to passing his Class XII examination, from the Central Board of Secondary Education (CBSE), in 2017, the petitioner applied, to the GGSIPU, pursuant to which he was allotted admission in FIMT, which is affiliated to the GGSIPU. The petitioner has passed his first and second semesters of his B.A. LL.B course as a student of FIMT. The result of the second semester was declared on 31st July, 2018.
3. The writ petition avers that, before the announcement of the result of his second semester examination, the petitioner sought admission in the Vivekananda Institute of Professional Studies (VIPS), also affiliated to the GGSIPU, for being admitted in the third semester of the B.A. LL.B course, purportedly because he and his family members had “planned to shift their residence from South Delhi to North Delhi”. The exact pleading, as contained in para 4 of the writ petition, to this effect, reads thus :
“That prior to the result of 2nd semester, the petitioner and his family members planned to shift their residence from South Delhi to North Delhi, as such the petitioner approached the Vivekananda Institute of Professional Studies, which is affiliated to respondent No 1, for his admission in BA LLB 3rd semester (Session 2018-19) by way of Migration from respondent No 2 and Vivekananda Institute of Professional Studies, issued NOC for Migration of the petitioner from the respondent No 2 Institute to their Institute vide NOC dated 24th June, 2018.”
On 24th June, 2018, NOC was granted by VIPS, therefor.
4. The writ petition avers that, the petitioner, thereafter, approached FIMT, for NOC, in order to enable him to migrate to VIPS (as the extant guidelines, relating to migration from one college to another, under the GGSIPU, required both colleges/institutes to issue NOC for the said purpose), vide the following letter, dated 9th July, 2018 :
“To,
The Registrar,
Guru Gobind Singh Indraprastha University,
Main Campus,
Dwarka,
New Delhi
09 July 2018
Sub: Application to obtain No objection certificate (NOC) in order to migrate from my existing college Fairfield Institute of Management and Technology located at Kapashera, New Delhi
Dear Sir,
I respectfully wish to bring the following facts to your kind notice.
I am a student of Fairfield Institute of Management and Technology located at Kapashera. I am pursuing BA LLB course (Law) in Fairfield and had appeared for my 2nd semester exams in May, and the result is awaited. My Enrolment No. is 04190103817, and I have cleared all the papers my 1st semester with no backlogs.
I am a resident of Basant Nagar, New Delhi-110057 and due to certain reasons my family shall be relocating in Pitampura in North Delhi and thus travelling to Kapashera shall be tedious from Pitampura, in the absence of proper metro connectivity.
Sir, due to above mentioned reasons, I shall be wasting my precious time in travelling such a long distance to and follow from Pitampura and Kapashera.
I thus humbly request you to kindly help me getting the NOC for migration from Fairfield Institute of Management and Technology and will try to secure admission in some other college of your esteemed University.
Thanking you,
Yours sincerely,
Dhruv Kumar Sharma
R/o 59, Basant Nagar,
New Delhi-57
# 9999119270”
(Emphasis Supplied)
5. However, FIMT refused to oblige, directing the petitioner to await issuance of notice, by the GGSIPU, for intra-University migration.
6. The said notice was issued, by the GGSIPU, on 9th August, 2018, in respo
