ARPIT SINGH Vs. GGSIU

JUDGEMENT

(1.) By this petition filed under Article 226 of the Constitution of India, the petitioner seeks to set aside the order dated 16.12.2010 whereby the migration of the petitioner was cancelled by the respondent University.

(2.) The factual background that has led to the filing of the present petition is that the petitioner was a student of 1 st year, B. Tech. in Lord Institute of Technology, Hyderabad and sought migration to respondent No.2 Maharaja Agrasen Institute of Technology which is affiliated to Guru Gobind Singh Indraprastha University, Respondent No.1 herein, based on the No-Objection granted by Maharaja Agrasen Institute of Technology, in the Second Year B.Tech.(Mechanical Engineering) (2 nd Shift Course). The said migration of the petitioner was approved by Respondent No.1 University but subject, however, to the completion of formalities detailed in the letter dated 27.8.2010 within a period of a fortnight from the date of the issue of the letter so as to enable the University to issue the Enrolment number. The documents that the petitioner was required to submit and the formalities which he was required to comply with within the period of a fortnight from the date of the issue of the said letter. In the said letter, the University also made it explicitly clear that any violation on the part of the candidate with respect to depositing the fee or submission of result, as mentioned above, shall result in automatic withdrawal of the said offer for which the candidate will be responsible. The petitioner was also requested to submit the said documents at the Academic Reception Counter, Room No.108, Administrative Block of the University for further action.

(3.) The petitioner, who, in fact, had failed in the subject of Engineering Drawing of Second Semester had on 14.9.2010, submitted the Mark Sheet of his First Year B.Tech. Internal & External Examination and also deposited the requisite fee of Rs. 10,060/- with respondent No.1/University, besides depositing the requisite fee with respondent No.2./College. That thereafter the petitioner started attending his classes in the Second Year B.Tech. Course from September, 2010 onwards and, in fact, had appeared in the Internal Examination conducted by respondent No.2/College from 28.10.2010 to 13.11.2010 and from 29.11.2010 to 4.12.2010 wherein he scored 73.33% in aggregate. The petitioner had thereafter deposited a sum of Rs. 2,000/- on account of University dues against bank challan dated 4.12.2010 with the Union Bank of India, Maharaja Agrasen Institute of Technology Branch. The petitioner was also issued Admit Card by Respondent No.2 University for appearing in the 3 rd Semester External Examination of the University. After fulfilling all the said formalities, the petitioner was astonished to receive the letter dated 16.12.2010 issued by respondent No.1 University, thereby directing cancellation of Migration due to non-submission of the documents by the petitioner to fulfill the eligibility criteria laid down for the migration. Feeling aggrieved by the same, the petitioner has approached this Court to seek quashing of the said order dated 16.12.2010 passed by respondent No.1.