Court Rules That Arbitrary Denial of Migration Requests by Delhi University College Unjustified; Emphasizes Students' Right to Choose Educational Institution Based on Relevant Grounds
In a significant judgment delivered on October 9, 2026, the Delhi High Court, through Justice Jasmeet Singh, ordered Bhagini Nivedita College, a constituent college of the University of Delhi, to immediately issue No Objection Certificates (NOCs) to students seeking inter-college migration. The Court held that refusal of migration requests on arbitrary or blanket grounds, such as potential decline in college strength and academic objectives, is unsustainable.
The case arose when several students, including Ms. Diksha Bourai, Ms. Vaishnavi, Ms. Sakshi Dubey, and Ms. Shraddha, petitioned the Court after their applications for migration from Bhagini Nivedita College to other Delhi University colleges were denied. The petitioners cited long and unsafe daily commutes-ranging from approximately 48 to 105 kilometers-to their current college as a key reason for seeking migration to colleges located significantly closer to their residences (between 2 to 38 kilometers).
Bhagini Nivedita College opposed the migration requests, arguing that it was established to serve women from rural and semi-urban areas and that allowing migration would reduce student intake, jeopardizing the college's ability to fulfill its educational mission. Counsel for the college submitted data showing a steady decline in student numbers and cautioned that further migration might lead to closure.
However, the Court found these reasons insufficient to justify refusal. Relying on precedents including Aman Ichhpuniani v. The Vice Chancellor Delhi University (1998) and Himani Sharma v. University of Delhi (2013), the Court underscored that while migration is not an absolute right, denial cannot be arbitrary or blanket in nature. The distance from students' residences to the institution is a germane and relevant factor, especially when safer and closer alternatives are available.
The Court emphasized that a student's right to choose their place of study must be respected, balancing the welfare of both the student and the institution. It held that a refusal based solely on fears of declining enrollment or academic impact amounts to an unreasonable and unfair exercise of discretion.
Justice Singh directed Bhagini Nivedita College to promptly issue the NOCs in accordance with Ordinance IV of the University of Delhi Calendar, which governs inter-college migration. The Court also noted that the last date for migration was the day of the hearing, and instructed the college's counsel to inform the receiving colleges accordingly.
This ruling clarifies the scope of judicial review in migration matters within Delhi University and reinforces the principle that student convenience and safety are critical considerations in educational administration. It also cautions colleges against adopting blanket policies that could arbitrarily restrict students' educational choices.
Bottom Line:
University migration - Inter-college migration in Delhi University - Though migration is not a vested right, refusal of NOC cannot be arbitrary - Long distance between student's residence and existing college, and proximity of proposed college, is a relevant consideration - Blanket or broad refusal on ground that college strength may reduce is unsustainable - Originating college directed to issue NOC.
Statutory provision(s):
Ordinance IV of the University of Delhi Calendar, Article 226 of the Constitution of India
Diksha Bourai v. University of Delhi, (Delhi) : Law Finder Doc Id # 3000094
