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Delhi HC: University ordinance can’t override student’s right to education

September 26, 2023

The Delhi High Court has emphasized that a university’s self-regulation ordinance should not infringe upon a student’s fundamental right to education and a dignified life. The court’s remarks came during a case involving two students studying at colleges affiliated with Guru Gobind Singh Indraprastha University (GGSIPU) who were seeking to change institutions due to medical reasons.

One of the students, who suffers from allergic rhinitis, requested a migration from Maharaja Surajmal Institute of Technology to another institution closer to her residence. To facilitate the transfer, the other student studying at Agrasen Institute of Management Studies agreed to an interchange, and both students applied to the university for approval.

However, the university had issued a notification in July the previous year, amending Ordinance 7 related to student migration, and imposing a complete ban on intra and inter-university migration.

While the court recognized that the university’s expert committee recommended the migration ban, it stressed that a more flexible approach should be adopted, considering the specific circumstances and legitimate reasons provided by students seeking migration. The court emphasized that students deserve quality higher education and that denying them this right due to medical conditions would be detrimental to the country’s future.

The court directed the vice-chancellor of GGSIPU to make a decision within six weeks and urged the university to consider the students’ extraordinary circumstances while making its decision, independent of the previous year’s notification.

Source: PTI

Also read: Delhi University Alters History Syllabus, Sparks Controversy

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