Student's Right To Education And Human Dignity Shall Prevail Over University's Self-Regulation Ordinances: Delhi High Court
The Delhi High Court has emphasized that an ordinance designed for the self-regulation of universities should not supersede a student's fundamental right to education and a life with human dignity. The Court made these observations during a case involving two students studying at colleges affiliated with Guru Gobind Singh Indraprastha University (GGSIPU) who sought to switch institutions on medical grounds.
A Bench of Justice Purushaindra Kumar Kaurav noted that the complete ban on migration seemed to be based on recommendations from the university's expert committee and did not appear arbitrary or illegal. The Court added, “This court is of the prima facie opinion that a complete ban on migration has been placed on account of the recommendations of the expert committee. The same does not seem to be arbitrary or illegal.” However, the Court stressed that, “The competent authority cannot be oblivious to the ground realities which may arise. This appears to be a case where a more pragmatic approach needs to be adopted instead of being rigid to general rule.”
Senior Advocate Alok Kumar appeared for the petitioners and Advocate Avishkar Singhvi appeared for the Respondents.
One of the students pursuing a BBA course at Maharaja Surajmal Institute of Technology faced challenges as her college was more than 30 kilometers from her residence, and she suffered from allergic rhinitis, which caused symptoms when exposed to allergens like dust, animal dander, or pollen. They requested a transfer to another institution.
To accommodate this, the other petitioner student, studying at Agrasen Institute of Management Studies, agreed to interchange institutions, and both applied for the transfer to the university. However, they were affected by a notification issued by the university on July 13 the previous year, which imposed a complete ban on intra and inter-university migration under Ordinance 7.
The Court emphasized that universities with statutory discretion should be able to adopt general rules or principles for guidance while considering exceptional circumstances, and they should not be inflexible when students provide valid reasons for seeking migration. It underlined the importance of students receiving quality higher education and stated that depriving them of this due to uncontrollable medical conditions would be detrimental to the country's future.
The Court added, “It is incumbent upon educational institutions to make the necessary allowances to ensure that students, who are disadvantaged due to medical reasons, are also provided quality education. Therefore, the Ordinance of the Universities for self-regulation cannot override a student’s right to education and the right to live a life with human dignity.”
The Court directed the Vice Chancellor of GGSIPU to make a decision within six weeks and disposed of the plea. It further stated that if the Vice Chancellor found the petitioners' grievances to be genuine and their request acceptable, it should be accepted without being influenced by the previous year's notification.
Cause Title: Tanishka & Anr. v. Govt. Of NCT of Delhi & Ors.
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