YASH SHARMA Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) The present writ petition under Article 226 of the Constitution of India has been filed by the petitioner herein seeking issuance of writ of mandamus or any other appropriate writ for directions to respondent No. 2 i.e. Gitarattan International Business School and respondent No. 3 i.e. Guru Gobind Singh Indraprastha University ('GGSIPU') for issuance of Transfer Certificate, Conduct Certificate and Migration Certificate/NOC in favour of the petitioner.

(2.) Learned counsel for the petitioner states that the petitioner is the student of BA LL.B in Gitarattan International Business School, Rohini, Delhi affiliated to GGSIPU and has appeared in the 1st and 2nd Semester examination of BA LL.B. It is stated that the National University of Advanced Legal Studies ('NUALS'), Kochi, Kerala issued a notification dtd. 7/6/2024 regarding admission to the students in the 3rd Semester of five year BA LL.B (Hons) Degree Course and thereafter invited applications from the qualified candidates for admission by way of Inter-University Transfer to 3rd Semester of five year BA LL.B (Hons) Degree Course of NUALS for the academic year 2024-25. It is stated that the petitioner had submitted his application for the admission to the 3rd Semester of five years BA LL.B (Hons) Degree Course by way of 'Inter-University transfer' taking in account that he has better future prospects in case he pursues his studies in NUALS, Kochi. Learned counsel for the petitioner submits that the petitioner was short-listed vide notification dtd. 5/7/2024 issued by NUALS. The short-listing was made on the basis of CLAT 2023 rank as obtained by the petitioner in the said examination. It is stated that the name of the petitioner was mentioned at serial No. 5 of the aforesaid notification of NUALS and therefore the petitioner had requested respondent No.2 vide his application dtd. 6/7/2024 to grant Transfer Certificate, Conduct Certificate and Migration Certificate/NOC as required by NUALS, Kochi. It is further stated that the petitioner was granted time to submit the relevant documents with NUALS by 10/7/2024. Therefore, the petitioner had requested respondent No. 2 Institute for grant of aforesaid certificates. The petitioner had also sent request through e-mail to respondent No. 2 Institute on 10/7/2024 to provide the required documents at the earliest. Further, the petitioner had also sought extension from NUALS, Kochi to submit the required documents as soon as they are available with him. Thus, NUALS had extended the time to submit documents at his request.

(3.) Learned counsel for the petitioner draws this Court's attention to the e-mail dtd. 15/7/2024 as respondent No. 2 Institute vide its e-mail had informed the petitioner that the Transfer Certificate, Conduct Certificate and Migration Certificate/NOC are required to be issued by the concerned Institute as per procedure. It is stated that respondents No. 2 and 3 have not issued Transfer Certificate, Conduct Certificate and Migration Certificate/NOC etc. to enable him to take admission in NUALS, Kochi and it is the fundamental right of the petitioner to study in the Institute of his choice. Thus, respondent Nos. 2 and 3 be directed to issue Transfer Certificate, Conduct Certificate and Migration Certificate/NOC at the earliest.