RISHIKA KHARB vs UNIVERSITY OF DELHI AND ORS
$~49
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 14554/2023
RISHIKA KHARB ….. Petitioner
Through: Mr. Jasbir Singh Malik and Ms. Chandni Sharma, Advs.
versus
UNIVERSITY OF DELHI AND ORS ….. Respondents
Through: Ms. Niyati Sharma, Adv. for R-1
Mr. Rajeev Sharma, Adv. for the Hindu College
Mr. Jitender Verma, Adv. for the Dyal Singh College.
CORAM:
HON’BLE MR. JUSTICE C. HARI SHANKAR
J U D G M E N T (ORAL)
% 18.03.2024
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.
3.
(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 post-graduate level.
(c) The last date for migration will be 31st August.
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. Dear Applicant, Your application for migration to B.Sc Physical Science with Chemistry (sem III) has been examined. You are required to get a NOC ( No Objection Certificate) from the Principal of your College in order to be considered for the request latest by Friday September 29, 2023,11.00 am. Due to the fastapproaching deadline for migration, the upper limit for receiving NOC is strictly 11.00 am. This may kindly be noted. Best Wishes. 7. Thus, the Hindu College had clearly not rejected the petitioners request for migration, but had merely required her to obtain an NOC from the Principal of the Dyal Singh College. The tenor of the communication, ending with the affable best wishes, clearly indicates that the Hindu College was willing to admit the petitioner, subject to her obtaining the NOC from the Principal of the Dyal Singh College. To: rishikakharb@gmail.com Dear Applicant, Your application for migration to B.Sc Physical Science with Chemistry (sem III) has been examined. You are required to get a NOC (No Objection Certificate) from the Principal of your College in order to be considered for the request latest by Friday October 13, 2023, 2.30 PM Due to the fast approaching deadline for migration, the upper limit for receiving NOC is strictly 2 PM. This may kindly be noted. Best Wishes. Dr. Meenu Shrivastava 13 October 2023 at 11:02 Due to the fast approaching deadline for migration, the upper limit for receiving NOC is strictly 2.30 PM 9. On 13 October 2023, the petitioner obtained NOC from the Principal of the Dyal Singh College and emailed the NOC to the Hindu College at 5.14 pm. The screenshot of all the three aforesaid emails may, for ready referenced, be provided thus: 10. The petitioner has also placed on record her representation dated 13 October 2023 to the Principal of the Dyal Singh College, which contains the signed and sealed endorsement by the Principal of the Dyal Singh College, allowing the petitioners request for migration to the Hindu College. NOTICE It has been brought to the notice of the Competent Authority of the University that some of the employees posted in different sections/branches are not adhering to stipulated office timings/working hours of the University. Taking cognizance of the matter, all the Dean of Faculties/Head of Departments/Directors/Chief Medical Officer, WUSHC/Officers/Branch In-Charges of University of Delhi are requested to ensure strict adherence to stipulated office timings/working hours of the University i.e. from 09:00 am. to 05:30 p.m. on all working days (Monday to Friday) with half hour lunch break from 01:00 p.m. to 01:30 pm. for Non-Teaching employees under their control. This issues with the approval of the Competent Authority of the University. Sd. 21. The working hours of the University were, therefore, till 5.30 pm. Inasmuch as the petitioner emailed the NOC from the Principal of the Dyal Singh College to the Hindu College, at the email ID of Dr. Meenu Shrivastava, before 5.30 pm on 13 October 2023, the petitioner must be taken to have provided the NOC within time. C.HARI SHANKAR, J Click here to check corrigendum, if any W.P.(C) 14554/2023 Page 13 of 13
Dr. Meenu Shrivastava 28 September 2023 at 20:38
To: rishikakharb@gmail.com
Cc: Principal Hindu College
8. As obtaining of NOC from the Principal of Dyal Singh College was taking time, the Hindu College addressed, on 13 October 2023 the following emails to the petitioner at 11.01 am and 11.02 am:
Dr. Meenu Shrivastava
13 October 2023 at 11:01
TIC
Department of Chemistry
Hindu College
Dr. Meenu Shrivastava
To: rishikakharb@gmail.com
11. According to the writ petition, the petitioner having emailed the aforesaid NOC to the Hindu College at 5.02 pm and thereafter, at 5.08 pm, visited the office of the Hindu College physically at 05.30 pm with a copy of the NOC given by the Principal of the Dyal Singh College, but was turned away, on the ground that the portal of the University had been closed.
12. Resultantly, the petitioner has instituted the present petition seeking a writ of mandamus directing the university and the Hindu College to allow the petitioner to join as a student of the Hindu College.
13. I have heard Mr. Jasbir Singh Malik, learned Counsel for the petitioner, Ms. Niyati Sharma, learned Counsel for Delhi University, Mr. Rajeev Sharma, learned Counsel for Hindu College and Mr. Jitender Verma, learned Counsel for Dyal Singh College.
14. Mr. Jitender Verma, appearing for Dyal Singh College, submits that his client has already provided the requisite NOC for migration of the petitioner to the Hindu College and has no objection to the prayer in the petition being granted.
15. The petition is, however, vehemently opposed by the Delhi University and by the Hindu College.
16. Mr. Rajeev Sharma, learned Counsel for the Hindu College has raised various contentions, which may be dealt with one by one.
17. Mr. Rajeev Sharmas first contention is that Clause 4 in Ordinance IV of the ordinance of the Delhi University allows applications for migration from one college to another to be entertained only if the application is forwarded by the Principal of the former college. Inasmuch as the petitioners application was not forwarded by the Principal of the Dyal Singh College to the Hindu College, he submits that the petitioner cannot seek migration.
18. This submission cannot be accepted. The Hindu College itself wrote to the petitioner on multiple occasions, which have been referred to hereinabove, requiring the petitioner to obtain an NOC from the Principal of the Dyal Singh College. Having called upon the petitioner to obtain an NOC from the Principal of the Dyal Singh College, the petitioners request for migration cannot now be sought to be opposed on the ground that the NOC was insufficient and what was required was that the application had to be forwarded by the Principal of the Dyal Singh College to the Principal of the Hindu College. Once the petitioner was specifically called upon, by the Hindu College, to obtain an NOC from the Principal of the Dyal Singh College and that NOC was obtained, the requirement of the Ordinance must be taken to have been satisfied.
19. Mr. Rajeev Sharmas next argument is that Dr. Meenu Shrivastava of the Hindu College had, in her email sent to the petitioner at 11.01 am on 13 October 2023 specifically fixed 2 pm as the time by which the NOC had to be forwarded to the Hindu College. This time was, thereafter, extended to 2.30 pm. As such, he submits that the NOC not having been forwarded by the petitioner to the Hindu College at or before 2.30 pm, the petitioner could not claim any right to obtain admission.
20. This argument is also without substance. Dr. Meenu Shrivastava had no authority whatsoever to unilaterally fix 2 pm or 2.30 pm as the terminus ad quem within which the NOC was to be forwarded by the candidate. The Notification dated 6 October 2023 of the University of Delhi extended the date for intercollege migration for the academic session 2023-2024 till 13 October 2023. Mr. Jitender Verma has drawn my attention to notice dated 8 August 2022 issued by the University of Delhi, which reads thus:
UNIVERSITY OF DELHI
ESTABLISHMENT BRANCH II(i)
ROOM NO. 212
ESTABLISHMENT BLOCK
DELHI – 110007
Rel. No. Estab II (i)/2022/940 08th August, 2022
JOINT REGISTRAR-ESTAB.(NT)
22. Mr. Sharmas next contention, which is also echoed by Ms. Niyati Sharma, learned Counsel for the Delhi University, is that migration is permissible only till the third semester and as the petitioner is now substantially into the fourth semester of her course, no relief can be granted at this stage.
23. This argument is also unacceptable. Had the Hindu College acted in accordance with law, the petitioner would have been able to pursue her studies with the Hindu College. The petitioner cannot be prejudiced for not having been able to do so, merely because the Hindu College illegally refused the petitioners request for migration.
24. The respondents cannot be allowed to capitalize on their own mistake.
25. The petitioner has not been sitting idle in the interregnum. She has continued to pursue her studies with the Dyal Singh College. It would be completely inequitable, therefore, to refuse the petitioner her right to migrate to Hindu College even though the decision of the respondents disallowing her from doing so, is clearly illegal, merely because she is now in fourth semester.
26. Mr. Rajeev Sharma finally submits that, if the petitioner has to be granted relief, the portal of the university would have to be opened again and the petitioner would have to take admission online.
27. Technicalities cannot stand in the way of substantial justice where the petitioner is found entitled to relief.
28. Mr. Rajeev Sharma advanced, as a final submission, the contention that migration is not a matter of right. He is correct. Undoubtedly, migration is not a matter of right and, quite clearly, colleges and the university enjoy a measure of latitude in deciding any individual application for intercollege migration. That said, it is well settled that any discretionary power conferred on an authority, whether execute or quasi-judicial, has to be exercised judiciously and not arbitrarily or capriciously. It cannot, therefore, lie in the mouth of the respondents to seek to non-suit the petitioner merely on the contention that migration is not a matter of right.
29. That issue, in any case, recedes into the background as, when the petitioner initially applied to Hindu College for migration, Dr. Meenu Shrivastava, on behalf of Hindu College, did not refuse the application on the ground of want of seats or any other reason. The tenor of the communication dated 28 September 2023 from Dr. Meenu Shrivastava to the petitioner, reproduced in para 6 supra clearly indicates that the Hindu College was willing to grant migration and only required an NOC from the Principal of the Dyal Singh College.
30. Inasmuch as the said NOC was obtained by the petitioner and emailed to the Principal of the Hindu College before close of working hours on 13 October 2023, which was fixed as the last date for inter-college migration by notification dated 6 October 2023 issued by the Delhi University, the petitioner cannot be denied the right to migrate to the Hindu College.
Conclusion
31. For all the aforesaid reasons, the writ petition succeeds and is allowed.
32. The Hindu College is directed to admit the petitioner as a fourth semester student in the B.Sc. in Physical Science with Chemistry course.
33. For this purpose, if the petitioner is required to apply online, the university and the college shall inform the petitioner all the modalities for doing so within 48 hours. If this is not done, the petitioner shall be entitled to be admitted to fourth semester in B.Sc. in Physical Science with Chemistry course in the Hindu College on providing the requisite documents in physical form.
34. The petitioner shall also be 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.
35. The Hindu College is directed, in terms of the above directions, to admit the petitioner within a period of one week from today.
36. The writ petition stands allowed in the aforesaid terms with no order as to costs.
CM APPL. 57738/2023 (interim relief)
37. This application does not survive for consideration and stands disposed of.
MARCH 18, 2024
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