Hello ,
File a writ of mandamus before the court make party to the university as well as ugc . Raise the issue of inequality and seek compensation for the loss you suffered because of their action.
Hope this helps.
Constitutional Validity of Transfer and Migration certificate
Background:- college took TC and Migration into institutional custody, i quit course within 3 days, they denied to return it, asked me to wait for 6 months as after 6 months they will issue fresh TC. my 1 academic year got wasted. i am filing writ petition as petitioner pro se and i require your help. after complaint to Prime minister and UGC, College agreed to issue fresh TC, but it took 2 months, admissions were closed by this time. 1. whether Transfer Certificate and Migration certificate is my private property. as its issued in my name, i studied for 4 years in college, parents paid the fees, how could the TC and Migration become the property of New college if i join there. can i invoke statutory right of Right of property to get back my TC and Migration. 2. UGC has given a notification and that notification says it would have overriding effect to any conflicting ordinance of any university in India. in which it sets a rule that if any institution takes original certificates (including Transfer certificate) they would take punitive action against defaulting institute. but even after my continuous letters, UGC took no action against the university (As its a central gov university) but UGC takes action against private colleges very fast in similar cases. can i invoke the fundamental right of Equal protection of Law in my case. as UGC has made a policy but its not implementing it.
Asked 5 years ago in Constitutional Law
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6 Answers
send a legal notice through lawyer and if they do not respond then you should file the contempt of court of S.C judgement on issuing the migration certificate, in district court, and you can also file writ in high court (quo warranto, mandamus).
If UGC is taking action against private colleges then it should take action against central university
You are entitled to return your TC and migration certificate
You can file writ in HC against UGC for failure to take action against central university for failure to return your TC and MC
1. Tc and Migration certi is your property definitely, but the same is taken by the college as per the laws formulated by the college.
2. If said is the guideline of the UGC then you may go ahead and file a writ against the college.
3. Yes you may file a writ against the college for violation of the guidelines of the UGC.
Regards
contempt of court viewpoint ? i have collected hundreds of judgements in which hon'ble high court held that TC,Migration are private property. but i could not find any relevant judgement of Supreme court. for example The documents like the Mark-sheets, Migration Certificate and Transfer Certificate are the documents of the petitioner and he has a right to retain possession of these Vikrant Chourasiya Vs. State of M. P. and others. i live in Chhattisgarh state. can mention contempt of court proceedings in my writ petition at Chhattisgarh high court citing judgement of Madhya pradesh/Madras high courts? is this maintainable ?
Asked 5 years ago
In your writ petition you can rely upon judgments of various HC in your possession
Contempt is a judgment in persona.
A person who has filed that writ and got that order can only file the contempt
You may use the order and get a similar order for yourself