The Delhi High Court has directed Bhagini Nivedita College, a constituent college of the University of Delhi, to issue No-Objection Certificates (NOCs) to four undergraduate students seeking inter-college migration. Justice Jasmeet Singh held that the geographical distance between a student's residence and the institution constitutes a relevant factor in adjudicating such requests. The court emphasised that although a student does not possess a vested right to migrate, the discretion to deny an NOC must be exercised reasonably and cannot be arbitrary.
Factual Background
The petitioners were enrolled in undergraduate courses at Bhagini Nivedita College. They approached the High Court after the college refused to grant NOCs necessary for migration to other colleges within the university. The students contended that the daily commute to their current college was excessively long, causing inconvenience and raising safety concerns. They sought transfer to colleges situated closer to their respective residences.
The court recorded the specific distances involved. One petitioner travelled approximately 55 kilometres to reach Bhagini Nivedita College, whereas the proposed college was merely 2.9 kilometres from her residence. A second student faced a 72-kilometre commute compared to 2 kilometres for the desired college. The remaining two petitioners travelled 105 kilometres and 38 kilometres, and 48 kilometres and 7 kilometres, respectively, to their current and proposed institutions.
College's Opposition
Opposing the petitions, the college argued that permitting migration would deplete its student enrolment and potentially jeopardise its continued functioning. It submitted that the institution was established to provide quality education to women, particularly those from rural and semi-urban areas, economically weaker sections, and neighbouring villages. The college contended that allowing students to leave would undermine its foundational mandate.
Court's Reasoning
Justice Jasmeet Singh rejected the college's argument. The court observed that accepting the apprehension of reduced enrolment as a valid ground for refusal would justify the denial of every migration request, effectively creating an arbitrary blanket ban. The judge stated that the principal's discretion to forward a migration request must be exercised judiciously, balancing the welfare of the student with the interests of the institution.
The court relied on its earlier decision in Aman Ichhpuniani v. The Vice Chancellor, Delhi University, which recognised distance as a relevant consideration. It also referred to Himani Sharma v. University of Delhi, where it was held that a college cannot impose a blanket restriction on migration and must evaluate each request on its individual merits. The bench reiterated that a student has the right to choose the college where they wish to study, and this choice cannot be nullified by an unreasonable refusal.
Is Distance Between Residence And College A Decisive Factor In Inter-College Migration Under Delhi University Rules?
The Delhi High Court held that distance is a relevant and material consideration but not an absolute entitlement. While students lack a vested right to an NOC, colleges cannot reject requests arbitrarily or impose blanket bans. The principal's discretion must be exercised reasonably, weighing the student's commute hardship and safety against institutional interests.
Disposition
Allowing the writ petitions, the court directed the respondent college to issue the requisite NOCs to the four petitioners expeditiously. The decision reinforces the principle that administrative discretion in educational matters must be guided by reasonableness and the specific circumstances of each case, rather than institutional convenience.