The Supreme Court directed the Himachal Pradesh National Law University to facilitate the transfer of a student to Rajiv Gandhi National University of Law, citing serious health concerns that have affected her ability to continue studies. The bench emphasized the urgent need to balance academic procedures with compassionate consideration for a student’s medical condition.
The controversy began when the petitioner, admitted to Himachal Pradesh National Law University based on her merit in the Common Law Admission Test (UG) 2024, developed hypsophobia (fear of heights) and severe anxiety, along with a persistent skin allergy, during her course. Counsel for the petitioner highlighted that these health conditions significantly impaired her ability to continue at the third respondent-University. Although two seats were reportedly vacant at the Rajiv Gandhi National University of Law, the petitioner had not made prior representation, prompting her to approach the Court for direct intervention to facilitate the migration process.
Counsel for the petitioner urged the Court to issue necessary directions for transfer, emphasizing the exceptional nature of her health issues. The universities, while acknowledging the vacant seats, submitted that any directions should not be treated as precedents for other cases. The petitioner’s legal team argued that the peculiar health concerns warranted expedited action, and procedural formalities should not hinder her right to continue education safely.
The Court, taking note of the medical situation, observed that “the interest of justice would be served in the instant case if a direction is issued to the third respondent-University to issue the necessary Transfer/Migration Certificate and other documents”, allowing the petitioner to secure admission in the fifth respondent-University.
The Court explicitly clarified that the order shall not be treated as a precedent, emphasizing that it was passed in light of the petitioner’s unique circumstances. Consequently, the Writ Petition was allowed, with the transfer to be completed within two weeks.
Case Title: Riya Khatkar Vs. University Grants Commission & Ors.
Case No.: Writ Petitioner (Civil) No. - 1185 Of 2025
Coram: Justice B.V. Nagarathna, Justice Ujjal Bhuyan
Advocate for Petitioner: Adv. Tejasvi Kumar, Ekansh Bansal (AOR), Syed Sarfaraz Karim, Vivya Nagpal, P.s. Chandralekha, Viraj Srivastava, Shashi Bharat Bhushan
Advocate for Respondent: Adv. Manoj Ranjan Sinha, Mrigank Prabhakar (AOR), Vishal Agarwal, Ashta Singh, Radhika Gautam (AOR), Yashasvi Virendra (AOR), Amar Vivek Aggarwal, Sanchi Bindra, Pooja Chand Dwivedi, Jay Wadhwa, Nandini Chhabra, Padmesh Mishra, Vastvikta Bhardwaj, Vijant, Aayushmaan Vatsyayana (AOR), Aakarsh Mishra
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