Delhi High Court - Orders
Jamia Milia Islamia University Through ... vs National Human Rights Commission on 23 February, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~20
* 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 Standing
Counsel (M: 9871878690).
versus
NATIONAL HUMAN RIGHTS COMMISSION ..... Respondent
Through: Mr. Mohit Paul, Ms. Rangoli Sethi and
Ms. Muskan Nagpal, Advocates for
NHRC.
Ms. Namya Vishal, in person through
VC.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 23.02.2023
1. This hearing has been done through hybrid mode.
2. This case relates to a student who was enrolled with Jamia Milia Islamia University for the Bachelor of Fine Arts (Applied Art) course. She had joined the said University as a student on 6th November 2020. Thereafter, she sought migration from Jamia Milia Islamia University to Delhi University for which, the migration certificate was granted was issued to her under the signature of the Assistant Controller of Examinations on 28th January, 2022. However, the University of Delhi refused to admit her for various reasons. When she sought re-admission, in Jamia Milia Islamia University, the same has not been permitted by the Jamia Milia Islamia University citing its Signature Not Verified Digitally Signed By:DEVANSHU JOSHI W.P.(C) 11838/2022 Page 1 of 6 Signing Date:24.02.2023 17:19:53 Ordinances. In these circumstances, she approached the National Human Rights Commissioner (NHRC) vide email dated 17th March, 2022 claiming violation of human rights and seeking urgent intervention.
3. The NHRC upon being approached by the candidate had issued summons to the Registrar of Jamia Milia Islamia University. The summon also contained certain directions which are set out below:
"The complainant, in the instant case, has alleged regarding violation of her Right to Education resulting from the loss of academic year for failure on part of the officials of the Delhi University to take timely call on her Credit Transfer Request from the Jamia Millia Islamia University (duly forwarded by the said University) to the Delhi University for getting admission in College of Art, Delhi University despite existence of such provision as per quoted Delhi University Ordinance. It is further stated that she has made number of efforts to meet senior officials of the University of Delhi including Vice Chancellor but failed to get any response. While taking up the matter on 22.7.2022, the Commission inter-alia observed and directed as under- "This Commission has considered the matter on record and observes that due to inordinate delay on part of University of Delhi to take final decision on request of Ms. Namya Vishal regarding her admission in College of Fine Arts, University of Delhi, post Case Details issuance of the Credit Transfer/ Migration Certificate by the Jamia Millia Islamia University, the complainant/victim has already lost her valuable academic semesters. The University of Delhi has taken a stand that neither the student nor the Jamia Millia Islamia University has acted as per the provisions of the available rules of University of Delhi and the Controller of Examination, Jamia Millia Islamia had issued a letter to the student without verifying the facts that such a letter is not in consonance of provision of relevant rules of University of Delhi. On Signature Not Verified Digitally Signed By:DEVANSHU JOSHI W.P.(C) 11838/2022 Page 2 of 6 Signing Date:24.02.2023 17:19:53 contrary, the Jamia Millia Islamia is taking a stand that onus lies on the University of Delhi to take appropriate decision in the matter. Be that as it may be, the Commission cannot ignore or overlook a vital point that Ms. Namya Vishal/ complainant has lost her academic sessions because of lack of appropriate communications inter-se between concerned authorities of the University of Delhi and University of Jamia Millia Islamia. The complainant cannot be left in lurch for that reason. Considering the matter on record, this Commission directs the Registrar, Jamia Millia Islamia University to take a judicious call on the whole issue and re-admit Ms.Namya Vishal/complainant, within a week time from date of issuance of the direction, so as to avoid further loss of her studies. The compliance report to that effect be submitted within a period of one week i.e. latest by 29.7.2022 failing which the Commission directs the Registrar, the University of Jamia Millia Islamia to appear before the Commission on 1.8.2022 along with action taken report in the matter and for that no separate summons u/s 13 of the PHR Act, 1993 would be served by the Commission. The Commission further directs its Registry to transmit the copy of this direction to the Vice Chancellor, Jamia Millia Islamia University for ensuring compliance of the direction of the Commission by aforesaid authority within the time frame so specified herein above by the Commission ".
Pursuant to that direction, vide a communication dated 27.7.2022, the Controller of Examination, Jamia Millia Islamia University has submitted a request for grant of 15 days time with a plea that the case of re-admission of Ms. Namya Vishal in BFA, 3rd Semester has been placed before the Academic Council of the University for a decision. The meeting of the Academic Council is going to be held on 28.7.2022. The decision of the same will be conveyed to the Commission very soon. The Commission has considered the matter and also the aforesaid submission. In view of the very fact that Signature Not Verified Digitally Signed By:DEVANSHU JOSHI W.P.(C) 11838/2022 Page 3 of 6 Signing Date:24.02.2023 17:19:53 academic semesters in the Universities be it University of Delhi or Jamia Millia Islamia University, for the very course in which Ms. Namya Vishal/complainant is seeking re-admission/ admission must have commence, so any further delay on part of authorities concerned for one or other reason would adversely affect studies of the complainant, the Commission, thus, directs its Registry to issue summons to Registrars of University of Delhi and that of Jamia Millia Islamia University u/s 13 of the Protection of Human Rights Act, 1993 for personal appearance before the Commission on 10.8.2022 at 11A.M. in its office at Manav Adhikar Bhawan, C-Block, GPO Complex, INA, New Delhi-110023 along with requisite records/report in the matter. Registry to transmit the copy of instant direction to the Vice Chancellors of aforesaid University for information and compliance of the direction of the Commission by the authorities concerned on the date and time specified herein above."
4. The said summon came to be challenged in the present writ petition.
5. The case of the University is that the summon and the directions deserve to be quashed, as, in terms of the Regulations of Jamia Milia Islamia University, specifically Ordinance 5 (V) titled as 'Admission and Enrollment Of Students', once a migration certificate was issued, the University could not have readmitted the candidate without fresh enrollment and fresh enrollment fee being paid. The relevant portion of the said Regulation reads:
"6. Enrollment of Students 6.1 No person shall be admitted to any Examination of the University, unless he/she has been duly enrolled as a student of the University.
XXX...
6.3 If a student takes a Migration Certificate to join another University, his/her enrollment to the University shall lapse until such time as he/she may subsequently Signature Not Verified Digitally Signed By:DEVANSHU JOSHI W.P.(C) 11838/2022 Page 4 of 6 Signing Date:24.02.2023 17:19:53 return with a Migration Certificate from that University to take some other Examination of this University. Fresh enrollment and Enrollment Fee in such cases shall be necessary."
6. On 8th August, 2022, this Court had stayed the order of readmission which was passed by the NHRC. The relevant extract of the order dated 8th August, 2022 is extracted as under:
" 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.
XXXX XXXX XXXX.
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."
7. The Court also considered it appropriate to give intimation to the candidate in order to find out as to what would be her stand in this background and accordingly on 9th December 2022, notice was issued to the candidate.
8. Today, the candidate Ms. Namya Vishal has joined the proceedings and has submitted that she and her family have been continuously harassed by the Jamia Milia Islamia University and she no longer wishes to seek admission in the said University. On a query from the Court, as to whether the candidate is now pursuing her education, she submits that she is pursuing a Bachelor of Fine Arts course in Gujarat.
9. Accordingly, having regard to the subsequent events which have transpired and the intention expressed by the candidate today before the Court, it is deemed appropriate to direct as under:-
Signature Not Verified Digitally Signed By:DEVANSHU JOSHI W.P.(C) 11838/2022 Page 5 of 6 Signing Date:24.02.2023 17:19:53i) Proceedings before the NHRC shall be dropped against the Jamia Milia Islamia University, subject to the payment of Rs.25,000/- as costs to the candidates Ms. Namya Vishal. The costs shall be paid within four weeks.
ii) In future, the University shall ensure that any candidate who seeks migration are clearly informed at the time of issuance of the migration certificate itself that if the candidate wishes to seek readmission, the same would be in terms of regulations i.e., Ordinance 5 (V) which is relied upon by the University in the present petition.
10. With these observations, the present petition with all pending applications, if any is disposed of. No further orders are called for.
PRATHIBA M. SINGH, J FEBRUARY 23, 2023 mr/am Signature Not Verified Digitally Signed By:DEVANSHU JOSHI W.P.(C) 11838/2022 Page 6 of 6 Signing Date:24.02.2023 17:19:53