Educational Institute Can't Refuse NOC, Migration Certificate If Student Does Not Wish To Study There: Gujarat High Court

The Gujarat High Court recently directed the SAL School of Architecture, Ahmedabad to issue NOC to one of its student of Bachelor of Architecture course who after completion of one academic year at SAL, has taken provisional admission in Nirma University.

The single judge bench of Justice Bhargav D. Karia held:

“Respondent No.1 (SAL School of Architecture) cannot deny NOC when the petitioner does not want to study with the respondent No.1-Institute and more particularly, when the petitioner has studied 3rd Semester in the Nirma University and in such circumstances, in order to see that the petitioner continue the study of Bachelor of Architecture without any hindrance, respondent No.1 is hereby directed to issue NOC to the petitioner within two days from today.”

It was the case of the petitioner that he took admission in 2021-22 in the course of Bachelor of Architecture in the respondent No.1-Sal School of Architecture (SAL) which is affiliated to the respondent No.2- Gujarat Technological University (GTU) as well as respondent No.3- Council of Architecture, Ministry of Education, Government of India.

The petitioner, after completion of his first academic year with SAL, got provisional admission in the Institution of Architecture & Planning, Nirma University, Ahmedabad.

The petitioner vide email dated December 12, 2022 requested the SAL to provide the NOC and Migration Certificate which are required for regularization and the admission at Nirma University.

It was alleged by the petitioner that SAL demanded the fees for remainder of four years from the petitioner failing which the no would be issued.

The petitioner approached the High Court as he did not receive any response from the SAL college.

The Counsel appearing for the petitioner, Rathin Rawal submitted before the court that there are no Rules or Regulations or Act which prohibit SAL from issuing NOC and without any reason SAL has held the NOC of the petitioner.

The Counsel appearing for the SAL College, Udit Vyas contended that respondent No. 2 (GTU) vide circular dated July 15, 2021 prescribed the procedure to process the application for transfer from one institute to another.

It was further argued that the last date of making above-mentioned application on the Portal of respondent no. 3- Council of Architecture have gone and therefore, the petitioner cannot get transfer to another institute. Hence, there was no question of issuing NOC to the petitioner.

The Counsel for SAL submitted that the petitioner has not attended any class of 3^rd semester with SAL therefore, there was no question of issuing NOC to the petitioner.

The Counsel appearing for respondent no. 3- Council of Architecture submitted that Council of Architecture has already called upon the SAL college to do the needful.

The Court observed:

“the petitioner, after taking admission in the Course of Bachelor of Architecture with respondent No.1-Institute in the year 2021, was desirous to migrate to other institute from the 3rd Semester and accordingly, got the admission with the Nirma Institute on 26.07.2022. The petitioner was therefore justified in applying for NOC with the respondent No.1-Institute.”

The Court thus directed the respondent no. 1- SAL School of Architecture to issue NOC to the petitioner within 2 days.

Case Title: Piyam Jigesh Dave v. SAL School of Architecture & Ors.

Case Citation: 2023 Livelaw (Guj) 58

Coram: Justice Bhargav D. Karia

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