APURVA Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) THIS intra-Court appeal impugns the judgment dated 25.1.2012 of the learned Single Judge dismissing W.P.(C) No. 7437/2011 preferred by the appellant. The said writ petition was filed in October, 2011 seeking mandamus to the respondent No. 2 Bhagini Nivedita College to issue Certificate enabling migration of the appellant to B.Com. (P), Second Year in Vivekananda College in the academic session 2011-12.

(2.) THE learned Single Judge dismissed the writ petition relying on the judgment of the Division Bench of this Court in Aman Ichhpuniani v. The Vice-Chancellor, Delhi University, 71 (1998) DLT 202 (DB) and holding that the appellant has no vested right to claim migration from one college to another; that the appellant has from time-to-time been citing different reasons for seeking migration; that no merit was found in the reasons so cited by the appellant; that the respondent No. 2 College had taken a policy decision not to allow migration on the ground of distance; that the said policy decision had been followed consistently and the appellant had not been able to point out any discrimination, arbitrariness or capriciousness. The learned Single Judge further observed that the last date for migration for the academic year 2011-12 was till 30.11.2011 and the academic year 2011-12 was at its fag-end and for this reason also, the request of the appellant could not be acceded to.

(3.) THE respondent No. 2 College had taken the policy decision not to allow migration on the ground of distance finding that a large number of its students (as many as 26 in the last academic year) were seeking migration and as a result of which the said College was unable to improve its academic standards and its faculty was getting demoralized.