The Delhi High Court has directed a College affiliated with Delhi University (DU) to issue No-Objection Certificates (NOCs) to four students seeking inter-college migration, holding that the distance between a student's residence and college is a relevant consideration while deciding such requests.

Justice Jasmeet Singh observed that although students do not have an absolute right to migrate from one college to another, their requests cannot be rejected arbitrarily.

“A student has the right to choose the college where he or she wishes to study,” the Court emphasised.

The case arose after the students, who were pursuing their undergraduate courses at Bhagini Nivedita College, approached the High Court after the college refused to issue NOCs for their migration to other DU colleges.

The students cited the long distance between their residences and the college, stating that daily commuting was inconvenient and raised concerns about their safety. They sought migration to colleges closer to their homes.

The distances recorded by the Court showed that one student travelled approximately 55 km to reach Bhagini Nivedita College, while her proposed college was around 2.9 km from her residence. Another student travelled 72 km to her existing college, compared to 2 km to the proposed college. For the remaining two students, the corresponding distances were 105 km and 38 km, and 48 km and 7 km, respectively.

Opposing the pleas, the college argued that allowing students to migrate would reduce its enrolment and potentially threaten 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 Court however held that the college's apprehension of losing students could not constitute a valid ground to deny the NOCs.

“If the same is accepted, it would justify refusal of every request for migration, which can lead to a situation amounting to an arbitrary blanket denial,” the Court observed.

It relied on the High Court's earlier decision in Aman Ichhpuniani v. The Vice Chancellor, Delhi University, which recognised that the distance between a student's residence and educational institution is a relevant consideration while deciding migration requests.

The Court also referred to the decision in Himani Sharma v. University of Delhi, which held that a college cannot impose a blanket restriction on migration and that requests must be considered on their individual merits.

It reiterated that the college principal's discretion to forward a migration request must be exercised reasonably, taking into account both the student's welfare and the institution's interests.

“No doubt the petitioners do not have a vested right to seek an NOC for migration but the same can also not be arbitrarily rejected by the respondent No. 2 college,” the Court said.

Allowing the petitions, the Court directed the College to issue the NOCs expeditiously.

For Petitioners: Mr. Ashu Bidhuri, Mr. Swapnam Prakash Singh, Ms Shabana Hussain, Mr Hrishabh and Mr Nisar Malik, Advs

For Respondents: Mr Anurag Dayal Mathur Adv for R2 Mr. Mohinder JS Rupal, Adv. for R1