CWP-23971 IN THE HIGH COURT OF PUNJAB AND HARYANA Divya Kapoor The Registrar, Chandigarh CORAM: Present: KULDEEP TIWARI 1. writ petition, under Article 226/227 of the Constitution of India, challenging which, her claim to take 2 rejected by respondent No.1, Policy/Guidelines been adopted by the respondent 2. the parties, had passed the following order 23971-2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Divya Kapoor Versus The Registrar, Chandigarh University and another CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Mr. Sahil Goel, Advocate, for the petitioner. Mr. Vikram Vir Sharda, Advocate, for respondent No.1. Mr. Kartik Sharma, Advocate, and Mr. Ashir Gulati, Advocate, for respondent No.2. **** KULDEEP TIWARI, J. (Oral) The petitioner has approached this Court by way of instant writ petition, under Article 226/227 of the Constitution of India, challenging the speaking order dated 28.03.2025 (Annexure P which, her claim to take 2nd and 3rd semsters’ examination by respondent No.1, on the ground that the same is against the Policy/Guidelines, i.e. “Migration Policy for Outbound St been adopted by the respondent-University. On 29.08.2025, this Court, after hearing learned counsel for the parties, had passed the following order “In pursuance of the notice issued by this Court, Mr. Vikram Vir Sharda, Advocate, ha appearance on behalf of the respondent No.1. There is no representation on behalf of the respondent No.2. As per IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-23971-2025 Date of decision: 10.09.2025 ….Petitioner University and another ….Respondents KULDEEP TIWARI Mr. Vikram Vir Sharda, Advocate, Mr. Kartik Sharma, Advocate, and Mr. Ashir Gulati, Advocate, The petitioner has approached this Court by way of instant writ petition, under Article 226/227 of the Constitution of India, the speaking order dated 28.03.2025 (Annexure P-12), vide semsters’ examination has been on the ground that the same is against the “Migration Policy for Outbound Students”, as has University. On 29.08.2025, this Court, after hearing learned counsel for the parties, had passed the following order- In pursuance of the notice issued by this Court, Mr. Vikram Vir Sharda, Advocate, has caused appearance on behalf of the respondent No.1. There is no representation on behalf of the respondent No.2. As per 5 s The petitioner has approached this Court by way of instant writ petition, under Article 226/227 of the Constitution of India, 12), vide has been on the ground that the same is against the udents”, as has On 29.08.2025, this Court, after hearing learned counsel for In pursuance of the notice issued by this s caused appearance on behalf of the respondent No.1. There is no representation on behalf of the respondent No.2. As per AMIT KUMAR 2025.09.11 19:28 I attest to the accuracy and authenticity of this document CWP-23971 23971-2025 -2- office report, notice/dasti to respondent No.2 has not been received back either served or otherwise. The learned counsel for the expressed difficulty that, since the petitioner has already migrated to the respondent No.2 allow her to reappear in the 2 examinations. He has further submitted that they can allow the petitioner to re-appear in the above examinations only if she re-migrates to their University. Moreover, considering the mitigating circumstances, they will not even charge any fee for the session, for which the petitioner has already paid to the respondent No.2- University. The learned counsel for the respondent No.1 has further submitted that, in case, the petitioner re their University and re-appears and clears the 2 semesters’ examinations, only then she can continue her studies from the stage where she migrated to their University from the respondent No.2 In view of the above submissions, the learned counsel for the petitioner submits that, in order to save her academic career, the petitioner is ready to re respondent No.1- University, and she is ready to take the requisite steps in this regard. However, a direction be passed upon both the Universities to expedite the process of migration. Although none has caused appearance on behalf of the respondent No.2- University for want of service, given the sensitivity of the matter as the academic career of the petitioner is at stake, this Court deems it appropriate to direct the respondent No.2 process of petitioner’s re-migration f the respondent No.1- University. In case, the petitioner files an apt application, after fulfilling all the formalities, both the respondents No.1 and office report, notice/dasti to respondent No.2 has not been received back either served or otherwise. The learned counsel for the respondent No.1 has expressed difficulty that, since the petitioner has already migrated to the respondent No.2- University, they cannot allow her to reappear in the 2nd and 3rd semesters’ examinations. He has further submitted that they can allow appear in the above examinations only if migrates to their University. Moreover, considering the mitigating circumstances, they will not even charge any fee for the session, for which the petitioner has already paid University. The learned counsel for the respondent No.1 has further submitted that, in case, the petitioner re-migrates to appears and clears the 2nd and 3rd semesters’ examinations, only then she can continue her the stage where she migrated to their University from the respondent No.2-University. In view of the above submissions, the learned counsel for the petitioner submits that, in order to save her academic career, the petitioner is ready to re-migrate to the University, and she is ready to take the requisite steps in this regard. However, a direction be passed upon both the Universities to expedite the process of Although none has caused appearance on behalf of University for want of service, given the sensitivity of the matter as the academic career of the petitioner is at stake, this Court deems it appropriate to direct the respondent No.2- University to facilitate the migration from their University to University. In case, the petitioner files an apt application, after fulfilling all the formalities, both the respondents No.1 and office report, notice/dasti to respondent No.2 has not been respondent No.1 has expressed difficulty that, since the petitioner has already University, they cannot semesters’ examinations. He has further submitted that they can allow appear in the above examinations only if migrates to their University. Moreover, considering the mitigating circumstances, they will not even charge any fee for the session, for which the petitioner has already paid The learned counsel for the respondent No.1 has migrates to rd semesters’ examinations, only then she can continue her the stage where she migrated to their In view of the above submissions, the learned counsel for the petitioner submits that, in order to save her academic e University, and she is ready to take the requisite steps in this regard. However, a direction be passed upon both the Universities to expedite the process of Although none has caused appearance on behalf of University for want of service, given the sensitivity of the matter as the academic career of the petitioner is at stake, this Court deems it appropriate to University to facilitate the rom their University to In case, the petitioner files an apt application, after fulfilling all the formalities, both the respondents No.1 and AMIT KUMAR 2025.09.11 19:28 I attest to the accuracy and authenticity of this document CWP-23971 3. petitioner intends to semester with respondent No.1 semester. 4. University, also causes appearance, and informs that not clear the examinations in total 08 subject semester, 2 examinations of 5 semesters) said subjects. He further submits that after clearing all the examinations, she can seek 5. submits that he may be allowed to wi this stage, University, after complet 6. opposed by learned c that, if the petitioner, after completion of 10 applies for migration, her claim shall be considered, as per Rules. 23971-2025 -3- 2–Universities shall take the final decision on the said application within a week of its being made. Adjourned to 10.09.2025. To be shown in the urgent list. It is made clear that, on the subsequent date of hearing, no request for adjournment shall be entertained, except for strong and compelling reasons. Today, learned counsel for the petitioner petitioner intends to re-take/re-appear in semester with respondent No.1-University, after completion of her 10 Learned counsel for respondent No.2 versity, also causes appearance, and informs that not clear the examinations in total 08 subject semester, 2 examinations of 5th semester and 3 examinations of 6 semesters), therefore, she has to re-appear subjects. He further submits that after clearing all the examinations, she can seek re-migration to respondent No.1 Faced with the above, learned counsel for the petitioner submits that he may be allowed to withdraw the instant writ petition, at this stage, with liberty to the petitioner to approach respondent No.1 University, after completion of 10th semester, for migration. The request of the learned counsel for the petitioner is not opposed by learned counsel for respondent No.1, that, if the petitioner, after completion of 10 applies for migration, her claim shall be considered, as per Rules. Universities shall take the final decision on the said eek of its being made. Adjourned to 10.09.2025. To be shown in the urgent list. It is made clear that, on the subsequent date of hearing, no request for adjournment shall be entertained, except for strong and compelling reasons. counsel for the petitioner submits that the the examinations for 2nd and 3rd University, after completion of her 10th arned counsel for respondent No.2-Desh Bhagat versity, also causes appearance, and informs that the petitioner could not clear the examinations in total 08 subjects (3 examinations of 4th semester and 3 examinations of 6th appear in the examinations for the subjects. He further submits that after clearing all the examinations, migration to respondent No.1-University. Faced with the above, learned counsel for the petitioner thdraw the instant writ petition, at with liberty to the petitioner to approach respondent No.1- semester, for migration. The request of the learned counsel for the petitioner is not ounsel for respondent No.1, rather, he fairly submits that, if the petitioner, after completion of 10th semester successfully, applies for migration, her claim shall be considered, as per Rules. Universities shall take the final decision on the said It is made clear that, on the subsequent date of hearing, no request for adjournment shall be entertained, submits that the rd th esh Bhagat petitioner could th th the subjects. He further submits that after clearing all the examinations, Faced with the above, learned counsel for the petitioner thdraw the instant writ petition, at - The request of the learned counsel for the petitioner is not fairly submits semester successfully, AMIT KUMAR 2025.09.11 19:28 I attest to the accuracy and authenticity of this document CWP-23971 7. 8. semester successfully, University, per Rules beseeching indulgence, only the event, the petitioner approach this Court again. 10.09.202 Ak Sharma 23971-2025 -4- Dismissed as withdrawn, with the liberty aforesaid However, in case, the petitioner, post completion of 10 semester successfully, applies for re-migration to respondent No.1 University, her application shall be considered per Rules, and taking into consideration the fact that petitioner is beseeching indulgence, only for completion of the event, the petitioner still has any grievance, she approach this Court again. .2025 Whether speaking/reasoned Whether reportable , with the liberty aforesaid. However, in case, the petitioner, post completion of 10th migration to respondent No.1- her application shall be considered, most sympathetically, as taking into consideration the fact that petitioner is for completion of her education. Further, in has any grievance, she shall be at liberty to (KULDEEP TIWARI) JUDGE Yes Yes/No th - sympathetically, as taking into consideration the fact that petitioner is Further, in shall be at liberty to AMIT KUMAR 2025.09.11 19:28 I attest to the accuracy and authenticity of this document