R.C.Lahoti,J. - (1.) Intra-University Migration - from one college to another within the same university - by a student is a vested right or a right merely, and if so, whether it is capable of being enforced in exercise of writ jurisdiction of High Court - is the question arising for decision in this batch of petitions.
(2.) The petitioners are four. Briefly we set out the factual background so as to appreciate the crux of controversy. 2.1.In CWP 3749/97, the petitioner Madhurjya Kotoky is a student of B.A. (Hon.) History Part-I in Ram Lal Anand College having passed that examination with 67% marks and merit in the university. The result was declared on 23.7.97. On 31.7.1997, he approached the Principal of the College seeking latter's `No Objection' to migration to another College. On 8.8.97, he approached Ramjas College seeking admission therein and the principal of Ramjas College has issued `No Objection' for his entry in his institution. The grievance of the petitioner is that the Principal, Ram Lal Anand College, (respondent No.1) is not issuing "No Objection" permitting his migration from his Institution. In the application dated 28.8.97 made to the respondent No.1, the only reason set out for seeking migration is - "I wish to migrate to a reputed College in the North Campus as it would be more convenient for me." 2.2.In CW 3907/97, the petitioner Aman Ichhpuniani is a student of Shaheed Bhagat Singh College (Evening) wherefrom he has passed B.Com (Hon) Ist Year Course with 66% marks in July, 1997. On 22.7.1987 he moved an application (Annexure-A) to the Principal of the College seeking "No objection" to his migration to Shaheed Bhagat Singh College (Morning). The reason stated in the application is - "this change over would also enable me to pursue computer Course (NIIT) and Chartered Accountancy (CA) Course without clash of timings with the afternoon classes." 2.3.In CW 4629/97, the petitioner Kumari Jaya Dutt is a student of B.Com (Hon.) IInd Year in Shaheed Bhagat Singh College (Evening). She has passed the Ist year examination in July, 1997 with 65.2% marks. She continued in the Second Year Classes. On 7.8.97 she moved an application to the Principal, Shaheed Bhagat Singh College (Eve.) - respondent No.3, seeking "No objection" to her migration to Shaheed Bhagat Singh College (Morning). The reason stated is - "I have joined a computer course in the First Computers Academy and my College timings clash with my computer classes which are held at 2.00-4.00 PM on Monday, Wednesday, Thursday and Friday. Due to this, I am not able to attend classes in College. I would thus like to migrate to the morning college as those timings suit me more." 2.4. In CW 4446/97 Ms.Neeru Rawal has passed B.Com Ist year as a regular student of Shaheed Bhagat Singh College (Evening), the respondent No.1, securing 55.2% marks. On 14.10.97 she moved an application seeking "No Objection" to her migration to Gargi College for prosecuting B.Com (Pass) IInd year studies. The application Annexure P-3 does not set out any reason for the proposed migration except that - "I would like to migrate". In the application (Annexure P-2) made to Gargi College, where the petitioner seeks to migrate, she has stated that she had shifted her residence near to the Gargi College and wished to migrate due to erratic bus service, but the same reason was not stated in the application Annexure P-3. 2.5.All the abovesaid prayers for migration have been turned down by being withheld. No speaking order has been passed. The present petitions have been filed by the several petitioners seeking writ of mandamus commanding the principals of the present educational institution where the petitioners are studying to issue `No Objection Certificate' to the proposed migration. All the educational institutions where presently the petitioners are studying have opposed the prayer made in the petitions. The details of the plea shall be noticed at an appropriate place.
(3.) The relevant part of Ordinance-IV of the Act, Statutes and Ordinances of the University of Delhi which is relevant for the purpose of these petitions provides as under :- "2. Application for migration from one College of the University to another shall only be entertained by the Principal if forwarded by the Principal of the College from which migration is sought, and the necessary alteration in the enrollment entries shall only be made in the University Register by the Registrar after obtaining the consent in writing of both Principal.";