Rishika Kharb vs University of Delhi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Del) 601

IN THE HIGH COURT OF DELHI AT NEW DELHI
C. Hari Shankar, J.
Rishika Kharb - Appellant
Versus
University of Delhi & Ors. - Respondents
W.P.(C) 14554 of 2023
Decided On : 18-03-2024

Advocates appeared:
Mr. Jasbir Singh Malik and Ms. Chandni Sharma, Advocates, for the Petitioner.
Ms. Niyati Sharma, Advocate for R-1.
Mr. Rajeev Sharma, Advocate for the Hindu College.
Mr. Jitender Verma, Advocate for the Dyal Singh College.

Headnote:
Migration - University Guidelines - Ordinance IV - [Ordinance IV - Migration & Re-admission] - The court discussed the provisions of Ordinance IV governing inter-college migration in the Delhi University and emphasized that the requirement of obtaining a No Objection Certificate (NOC) from the Principal of the current college must be taken as satisfied once the petitioner obtained the NOC as per the college's requirement. The court also highlighted that technicalities cannot stand in the way of substantial justice where the petitioner is found entitled to relief.
Fact of the Case:
The petitioner sought migration from Dyal Singh College to Hindu College in the third semester of her B.Sc. in Physical Science with Chemistry course. The Hindu College was willing to admit the petitioner, subject to her obtaining a No Objection Certificate (NOC) from the Principal of the Dyal Singh College. The petitioner obtained the NOC but was turned away by the Hindu College, leading to the present petition seeking a writ of mandamus.
Finding of the Court:
The court found that the petitioner had fulfilled the requirement of obtaining the NOC as per the college's request and that the refusal by the Hindu College to admit the petitioner was illegal. The court held that the petitioner should be allowed to migrate to the Hindu College and directed the college to admit the petitioner as a fourth-semester student in the B.Sc. in Physical Science with Chemistry course.
Issues: The issues involved the petitioner's right to migration, the validity of the NOC requirement, and the refusal by the Hindu College to admit the petitioner.
Ratio Decidendi: The court emphasized that the requirement of obtaining a No Objection Certificate (NOC) from the Principal of the current college must be taken as satisfied once the petitioner obtained the NOC as per the college's requirement. The court also highlighted that technicalities cannot stand in the way of substantial justice where the petitioner is found entitled to relief.
Final Decision: The writ petition was allowed, and the Hindu College was directed to admit the petitioner as a fourth-semester student in the B.Sc. in Physical Science with Chemistry course. The petitioner was also entitled to reckon her attendance in the Dyal Singh College towards the requirement of attendance for attempting the fourth-semester examination as a student of the Hindu College.

JUDGMENT (Oral)

C. HARI SHANKAR, J.

W.P.(C) 14554/2023

1. On 24 October 2022, the petitioner, having succeeded in the Central University Entrance Test (CUET) held by the National Testing Agency, secured admission to the Dyal Singh College, University of Delhi, in the course of B.Sc. in Physical Science with Chemistry.

2. The petitioner seeks migration to the Hindu College, also affiliated to the University of Delhi.

3. The guidelines governing inter-college migration in the Delhi University are contained in Ordinance IV, and may be reproduced thus:

"Ord. IV - Migration & Re-admission

Migration

1. Inter-University migration may be permitted only in the beginning of the III Semester of only the 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 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 the I & II semester examinations of the said course of the University of Delhi.

Provided further that their marks shall be proportionately upgraded in the I & II Semester 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 is residing in or has migrated to Delhi.

(a) Inter College migration within the University of Delhi in the III Semester of B.A., B.Com, B.Sc., B.A.(H), B.Com (H), B.Sc. (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 postgraduate level.

4. Applications for migration from one college of the University 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."

4. The petitioner was promoted to the third semester of her course in B.Sc. in Physical Science with Chemistry. Having cleared the third semester examination, the petitioner is now pursuing her fourth semester classes with the Dyal Singh College.

5. The petitioner desired, during her third semester, to migrate to the Hindu College. The Delhi University initially issued a notification on 13 September 2023, fixing 21 September 2023 as the terminus ad quem for inter-college migration during the third semester. This date was subsequently extended, by notification dated 25 September 2023 to 30 September 2023 and by notification dated 6 October 2023 till 13 October 2023. The notification dated 6 October 2023 reads thus:

"No. Acad.I/084-085/093/Ord. IV/2023/485

Dated 06.10.2023

NOTIFICATION

Reference: Notification no. Acad.I/084-085/093/Qrd,IV/477 dated 25.09.2023 related to Ordinance-IV of the University (Migration & Re-admission).

The last date for Inter College Migration for the academic session 2023-2024 is extended till 13.10.2023 subject to the condition that Migration is allowed only in III Semester, only when the result of both I & II semester is declared, in terms of provisions of Ordinance-IV of the Ordinances of the University.

This is issued with the approval of the Competent Authority.

Sd.

REGISTRAR"

6. The petitioner submitted an application for migration to the Principal of the Hindu College on 27 September 2023. The Hindu College responded thus, to the petitioner, on 28 September 2023.

"Dr. Meenu Shrivastava

28 September 2023 at 20:38

<dr.meenu.Shrivastava@gmail.com>

To: rishikakharb@gmail.com

Cc: Principal Hindu College

<principal@hinducollege.org>

Dear Applicant,

Your appl