HIMANI SHARMA Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) THE petitioner before this Court took admission in B.Com (Hon) of Delhi University, in respondent no.2- "Aditi Mahavidhalya" situated at Auchandi Road, Bawana, Delhi. The petitioner vide application dated 26.8.2013 applied to respondent no.3-Shri Guru Gobind Singh College, Pitampura, Delhi, seeking migration to the said college in the third semester of B.Com (Hons), on the ground that her residence had changed and the said college was nearer to her residence. The respondent no.3- Shri Guru Gobind Singh College granted ,,No Objection to the petitioner on the same date. Vide application dated 27.8.2013, the petitioner applied to respondent no.2- Aditi Maha Vidhalya for issue of NOC for taking admission in Shri Guru Gobind Singh College on the ground that since she was frequently falling sick, it was not possible for her to commute everyday for about 60-70 kms and she had been granted admission in Shri Guru Gobind Singh College. The said application was declined on the same date on the ground that as per Staff Councling decision, no migration was allowed. Being aggrieved from the decision of the Adity Maha Vidhalya to refuse migration certificate to the petitioner, she is before this Court seeking the following reliefs:

(2.) THE writ petition has been contested by respondent no.2-Aditi Maha Vidhalya. It is stated in the counter affidavit filed by the Principal of the said college that in terms of Ordinance 18 of Delhi University, there has to be Staff Council in every college and it is the said council which has to take decision in the matter of organizing admission of students. It is further stated in the counter affidavit that the Staff Council, in its meeting held on 30.4.2013 had decided to ban migration of students for the academic year 2013-2014.

(3.) THE next question which comes up for consideration is as to whether refusal of migration certificate to the petitioner solely on the ground that a unanimous decision was taken by the staff council to ban migration from the said college during the academic year 2013-2014 can be said to be legally sustainable in law and if not, whether the petitioner is entitled to grant of migration certificate by the said college.