2025:HHC:29088 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 11907 of 2024 Decided on: 28.08.2025 Sh. Aman Sodi … Petitioner Versus Himalayan Group of Professional Institution, Kala Amb and others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 Yes _____________________________________________________ For the petitioner : M/s Jagjeet S. Bagga and Mr. Dipankar Bagga, Advoctes. For the respondents : Mr. Shwetima Dogra, Advocate vice Mr. Vinod Kumar Gupta, Advocate for respondent No. 1. : Mr. Nitin Thakur, Advocate for respondent No. 2. Mr. Pushpender Jaswal, Additional Advocate General for respondents No. 3. : Mr. Vishwajeet Singh, Advocate for respondent No.4. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has prayed for issuance of a direction to the respondents to issue a ‘No objection certificate/Migration Certificate’ to the petitioner with a further prayer that respondents No. 2 and 3 be directed to thereafter grant admission to the petitioner in the ongoing academic session in the 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:29088 course of BCA (Professional Course) for the academic session 2024- 25. 2. Though, reply on behalf of respondent No. 1 has not been filed, however, learned Counsel appearing for respondent No. 1, on instructions, submitted that no objection certificate can be issued to the petitioner provided the petitioner pays the balance of the academic fees to the said respondent-Institute for the complete session. 3. Learned Counsel for the petitioner submitted that the demand of academic fee is totally unjustified because not only under similar circumstances, a no objection certificate has been issued to a candidate without demanding any such fee and further otherwise also, the petitioner cannot be called upon to pay for services which will not be utilized by him. 4. Having heard learned Counsel for the parties, this Court is of the considered view that though respondent No. 1 cannot deny the grant of ‘No objection certificate/Migration Certificate’ to the petitioner if the petitioner is entitled to the grant thereof in terms of the Rules and Regulations framed in this regard by the Himachal Pradesh University, but then the petitioner cannot demand that the respondent-Institute be directed to issue No objection certificate/ Migration Certificate to him without demanding the balance of the academic session fee, which otherwise the petitioner would have had 3 2025:HHC:29088 paid to the said respondent for undergoing the entire course. In the light of the fact that the petitioner had taken admission in a professional course in respondent No. 1-Institute and now he is seeking the permission to leave the institution in between, but natural, that seat of respondent No. 1-Institute will go waste and for that as no mid-academic admission can be made by the Institute, the petitioner has to compensate respondent No. 1 for the same. The contention of learned Counsel for the petitioner that the said demand is arbitrary, is not correct. Respondent No. 1 can always demand the balance of the fee in lieu of the grant of the ‘No objection certificate/Migration Certificate’. Further qua the contention of the learned Counsel for the petitioner that in similar circumstances, said demand has not been raised from another student, all that the Court can observe qua this is that the same is the discretion of respondent No.1-Institute but it cannot be cited as a precedent by the petitioner because this Court cannot restrain respondent No.1 from demanding balance of the fees, which the candidate otherwise would have had paid, had he continued to undergo the course with respondent No. 1. The Court is making this observation for the reason that it is not the respondent No. 1-Institution, which is forcing the petitioner to leave the Institution, but it is the petitioner who is voluntarily making a choice, that is to say, the petitioner is electing to abandon the course mid-way as far as respondent No. 1 4 2025:HHC:29088 is concerned, to seek admission in some other institute. Accordingly, in the light of above observations, this petition is disposed of with the direction that in the event of the petitioner depositing the balance of the academic fee or such amount as may be mutually agreed, with respondent No. 1-Institute, let a ‘No objection certificate/Migration Certificate’ be issued in his favour within 48 hours thereafter. Pending miscellaneous applications, if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge August 28, 2025 (narender)