Migration is not a vested right and can only be granted upon valid reasons being shown, as per the relevant rules and previous judgments.

JUDGMENT

Prateek Jalan, J. - The proceedings in the matter have been conducted through video conferencing.

1. The petitioner was admitted to the School of Open Learning ["SOL"] under the respondent No. 1-University of Delhi ["the University"] in the year 2019. He has been pursuing his B.A. degree from the SOL since then. By way of this writ petition, the petitioner seeks a writ of mandamus directing the respondents to migrate the petitioner to some other college under the University.

2. The prospectus of the SOL has been placed on record by the petitioner, in which the relevant rules regarding inter-college/ university migration have been extracted in section 6.2. The said section reads as follows:-

"6.2 INTER COLLEGE/UNIVERSITY MIGRATION

As per the Amended Ordinance IV of the Ordinances of the University of Delhi applicable for necessary compliance w.e.f. the Academic Session 2012-2013:

1. Inter-university migration may be permitted only in the beginning of the III Semester of only B.A. Programme and B.Com Programme under semester mode on production of (i) Leaving Certificate from the Principal of the College or from the Registrar of the University he/she is leaving and (ii) marks sheets of the examinations already passed and (iii) documentary evidences in support of the ground on which migration has been sought.

Provided that such a student will have to pass all the papers of Semester-I & Semester-II examinations of the said course of the University of Delhi.

Provided further that their marks shall be proportionately upgraded in the Semester-I & Semester-II examinations in the absence of the Internal Assessment Marks.

2. Admission of a student to the University in the III Semester of study for B.A./B.Com degree examination may only be allowed on the ground that the parent or guardian of the student in or has migrated to Delhi.

3.a. Inter College migration within the University of Delhi in the III Semester of B.A., B.Com, B.A. (H), B.Com (H) Courses under the semester mode may be allowed subject to availability of seats and consent of Principals of both the colleges.

b. Inter College migration will not be allowed at the post-graduate level.

c. The last date for migration will be 31st August.

4. Application for migration from one college of the University of Delhi to another shall only be entertained by the Principal if forwarded by the Principal of the college from which migration is sought, and the necessary alteration in the enrolment entries shall only be made in the University Register by the Registrar after obtaining the consent in writing of both Principals." Emphasis supplied.

3. It is undisputed that in the wake of the COVID-19 pandemic, the petitioners first and second semester examinations were held in May, 2020 and the results were declared together on 02.11.2020. By this time, the last date for applications for migration had lapsed. In the normal course, the last date for such an application is 31st August, but in the year 2020, by a notification dated 04.09.2020, it was extended to 30.09.2020.

4. Alongwith the writ petition, the petitioner has annexed a copy of the application dated 19.11.2020 addressed by him to the Dean, Students Welfare and the Dean of the Colleges of the University, requesting them to extend the last date for the process of migration on the ground that the petitioners first and second semester results were declared belatedly, and the petitioner was, therefore, unable to apply within the mandated last date. The writ petition has been filed for a direction upon the University to accede to this request.

5. During the course of hearing also, the only ground urged by Mr. Aman Mudgal, learned counsel for the petitioner, in support of the relief sought, is that the petitioner was unable to apply before the last date of 30.09.2020 in view of the fact that his first and second semester results had not yet been released.

6. Mr. Anshuman Mehrotra, learned counsel for the University, submits that the application of the