Delhi High Court - Orders
Jamia Milia Islamia University Through ... vs National Human Rights Commission on 8 August, 2022
Author: Yashwant Varma
Bench: Yashwant Varma
$~81
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11838/2022
JAMIA MILIA ISLAMIA UNIVERSITY
THROUGH ITS REGISTRAR ..... Petitioner
Through: Mr. Pritish Sabharwal and Mr. Mohit
Gupta and Mr. Sanjeev Kumar,
Advocates
versus
NATIONAL HUMAN RIGHTS COMMISSION ..... Respondent
Through:
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 08.08.2022
CM APPL. 35316/2022
Allowed, subject to all just exceptions.
Application stands disposed of.
CM APPL. 35315/2022 (Stay)
Since the petitioner impugns an order passed by the NHRC and which is the sole respondent arrayed here notice need not be issued especially since the order has been passed by the Commission in exercise of its statutory powers.
The grievance of the petitioner University essentially is to the direction contained in the impugned order of 22 July 2022 which requires the petitioner to grant re-admission to the complainant.
The record would reflect that the complainant was enrolled with the Signature Not Verified Digitally Signed By:NEHA Signing Date:08.08.2022 18:33:16 University and had been granted admission in the BFA (Applied Art) Course. In the third semester she sought to migrate to the Delhi University. That migration certificate is stated to have been issued on 28 January 2022. Although the complainant is stated to have thereafter moved the Delhi University and more particularly the College of Arts affiliated thereto for being granted admission, that prayer was refused with the University of Delhi taking the stand that the migration certificate did not comply with its Statutes. It is this position which was also struck by the Delhi University before the Commission. The respondent Commission, in view of the above, passed an order directing the complainant to be granted re-admission.
It is in the aforesaid context that learned counsel for the petitioner has drawn the attention of the Court to the resolution of the Academic Council as well as to Ordinance 5(v) titled "Admission and Enrolment of Schools"
and 6.3 thereof, which states that once a student has taken a migration certificate to join another University his/her enrolment in the petitioner University shall lapse until such time as he/she may subsequently return with a migration certificate from that University.
The said Ordinance appears to suggest that once the migration certificate comes to be issued by the petitioner University, the right of the student would stand foreclosed till such time as he/she may obtain a migration certificate from the Delhi University. Bearing the fact that these Ordinances do not appear to have been specifically brought to the attention of the Commission, the Court leaves it open to the petitioner to approach the said body and file its detailed response explaining why the direction for grant of re-admission would not sustain in light of the decision taken by the Academic Council as well as the Ordinances that have been referred to Signature Not Verified Digitally Signed By:NEHA Signing Date:08.08.2022 18:33:16 above.
Till such time as the aforesaid objections are filed and considered by the Commission, the direction as contained in the order impugned here requiring the petitioner University to grant re-admission shall remain stayed.
Order dasti.
Application stands disposed of.
W.P.(C) 11838/2022 List on 19.12.2022.
YASHWANT VARMA, J.
AUGUST 8, 2022 rsk Signature Not Verified Digitally Signed By:NEHA Signing Date:08.08.2022 18:33:16