IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO.1185 OF 2025 RIYA KHATKAR PETITIONER(S)

VERSUS UNIVERSITY GRANTS COMMISSION & ORS. RESPONDENT(S)

O R D E R

This Writ Petition has been filed under Article 32 of the Constitution of India seeking the following reliefs:

“i. Issue a Writ of Mandamus or any other appropriate Writ/Writs, Direction/ Directions to the respondents allowing the petitioner to migrate from Himachal National Law University, Shimla/Respondent No.3 and be allowed lateral entry in the 2^nd year of the 5 year law degree course for the academic session 2024-25 due to severe medical reasons.

ii. Pass such other or further order/orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the present Writ Petition.”

2. Respondent-Universities to which the petitioner seeks migration are 1) Dr. B.R. Ambedkar National Law University - fourth respondent and 2) Rajiv Gandhi National University of Law - fifth respondent.

3. According to the petitioner pursuant to her merit in the Signature Not Verified Common Law Admission Test (UG) held in the year 2024, she was Digitally signed by BORRA LM VALLI Date: 2026.01.13 Reason:

admitted in the third respondent -Himachal Pradesh National Law University. Thereafter, the petitioner has developed hypsophobia (fear of heights) which has resulted in anxiety and panic attacks which is adversely affecting her mental health. The petitioner has also developed skin allergy at the University and she has been under treatment for the same at the Government Hospital, Dhami (Shimla) owing to hypsophobia owing to extreme anxiety and panic attacks. The petitioner is facing adverse health conditions. Therefore, the aforesaid prayer.

4. We have heard learned counsel for the respective parties.

5. Learned counsel for the fourth and fifth respondent- Universities submitted that there are two vacant seats each in the fourth and fifth respondent-Universities. However, there is no representation made by the petitioner to either of the two Universities and in the circumstances, the petitioner may be directed to make a representation to either of the two Universities for their consideration.

6. In response to this submission, learned counsel for the petitioner submitted that having regard to the health concerns of the petitioner herein and bearing in mind the submission made by learned counsel for the fourth and fifth respondent- Universities, this Court may consider issuance of a direction to the third respondent-University to issue the necessary documents for transfer/migration of the petitioner from the third respondent-University to the fifth respondent-University since the learned counsel for the fifth respondent-University has stated that there are two vacant seats in the said University where the petitioner could be accommodated.

7. In response to this submission, learned counsel for the fifth respondent-University stated that if any such direction is to be made in this matter, it may not be treated as a precedent in other cases as having regard to the peculiar health concern of the petitioner herein, the fifth respondent-

University will abide by the directions of this Court.

8. In the circumstances, we find that the interest of justice would be served in the instant case if a direction is issued to the third respondent-University to issue the necessary Transfer/Migration Certificate and other documents pertaining to the petitioner so that she could take transfer/migration and admission in the fifth respondent-University.

9. Ordered accordingly.

10. The said exercise shall be carried out within a period of two weeks from today.

11. We observe that this order shall not be treated as a precedent in other cases as we have passed the above order bearing in mind the peculiar health issues faced by the petitioner herein and the location of the third respondent-

University.

12. It is needless to observe that the petitioner shall comply with all requirements reg