RAJNI AGARWAL Vs. UOI

JUDGEMENT

(1.) The petitioner is stated to be a resident of Himachal Pradesh. She appeared for the entrance test for seeking admission to the Himachal Pradesh Branch of National Institute of Fashion Technology (NIFT). Having succeeded in the written examination she was called for counselling and thereafter granted admission to the Accessory Designing course in the year 2009. The petitioner appeared in the Semester-I Examination Foundation Programme (Accessory Designing) (in July-December 2009), promoted to Semester-II and appeared in the Semester-II Examination (January to June 2010) and thereafter promoted to Semester-III.

(2.) On 06.08.2010 at the request of the petitioner, she was allowed inter-disciplinary transfer from Accessory Designing to Textile Designing.

(3.) Counsel submits that the petitioner was allowed to appear in the Textile Design Examination III Semester i.e. the course of transfer and was promoted to Semester-IV and also permitted to attend the classes in Semester-IV. Counsel for the petitioner has strongly urged before this Court that all efforts made by the petitioner to contact the Joint Secretary and Director General (NIFT) to decide their case expeditiously went in vain. Finally, the petitioner received a letter from the Registrar on 19.07.2011 by which the petitioner was informed that after careful deliberations the Board of Governors did not accept her request for transfer from Accessory Designing to Textile Designing. Petitioner was directed to join Semester-III of Accessory Designing as per the undertaking. Counsel for the petitioner further contends that the Board of Governors had given their decision after a lapse of one year when the petitioner had already passed Semester-III Examination and promoted to Semester-IV. She not only attended classes but even appeared in the midterm examination of Semester-IV. Counsel submits that since a decision was not taken within a reasonable period a vested right has been created in favour of the petitioner and further it has caused a loss of one year in her career besides harassment. It is also contended that some other similarly situated students were transferred from Accessory Designing to Fashion Communication in the same institution whereas the request of the petitioner has been denied.