DELHI HIGH COURT
PRATEEK JALAN
Himanshu – Appellant
Versus
University of Delhi – Respondent
| Table of Content |
|---|
| 1. petitioner seeks migration under university rules. (Para 1 , 2) |
| 2. covid-19 affected exam timelines and migration requests. (Para 3 , 4) |
| 3. arguments on application competency and lack of specifics. (Para 5 , 6) |
| 4. no vested right to migrate without valid reasons. (Para 8 , 12 , 13) |
| 5. migration rules and discretion of principals emphasized. (Para 10 , 11) |
| 6. writ petition is dismissed. (Para 14 , 15) |
JUDGMENT
Prateek Jalan, J. (Oral)--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 Ord
Migration between colleges requires valid reasons and adherence to procedural rules; a delay in application submission cannot be justified without substantial grounds.
The main legal point established is that the University's actions in the migration process must be reasonable and fair, and any arbitrary decision can be challenged under Article 14 of the Constituti....
A university cannot deny an eligibility certificate to a student who has completed a degree from an AICTE-recognized institution simply due to mid-term migration, provided there is no statutory prohi....
Compliance with MCI regulations, including the eligibility criteria for migration, is essential for seeking transfer in medical education.
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