IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 3RD OCTOBER 2011 / 11TH ASWINA 1933 WP(C).No. 19319 of 2011(L) -------------------------- PETITIONER(S): --------------- HASHIR ABDULLA, HARSHA NIVAS, NEAR AISHWARYA MOVIES, BIYYEM P.O., BIYYEM, PONNANI, MALAPPURAM DISTRICT. BY ADV. SRI.K.B.ARUNKUMAR RESPONDENT(S): --------------- 1. THE UNIVERSITY OF CALICUT REPRESENTED BY ITS REGISTRAR, UNIVERSITY OF CALICUT, UNIVERSITY OF CALICUT P.O., PIN-673 635. 2. THE REGISTRAR, UNIVERSITY OF CALICUT, UNIVERSITY OF CALICUT P.O., PIN-673 635. 3. A.C. KUNHIMON HAJI MEMORIAL I.C.A COLLEGE, THOZHIYUR, MALAPPURAM DISTRICT PIN-680 520, REPRESENTED BY ITS PRINCIPAL. 4. THE PRINCIPAL, A.C.KUNHIMON HAJI MEMORIAL I.C A COLLGE, THOZHIYUR, MALAPPURAM DISTRICT, PIN-680 520. 5. M.E.S PONNAI COLLEGE, PONNANI SOUTH P.O. PONNANI, MALAPPURAM DISTRICT, PIN 679 586, REPRESENTED BY ITS PRINCIPAL. 6. THE PRINCIPAL, M.E.S PONNAI COLLEGE PONNANI SOUTH PO, MALAPPURAM DISTRICT, PIN 679 586, BY ADVS.SRI.SANTHOSH MATHEW, SC, CALICUTY UNIVERS FOR R1 & 2 SRI.RAJIT FOR R3 & 4 SRI.BABU KARUKAPADATH FOR R5-6 SMT.M.A.VAHEEDA BABU FOR R5-6 SRI.JAGAN GEORGE FOR R5-6 SRI.K.A.NOUSHAD FOR R5-6 SRI.P.G.PRAMOD FOR R5-6 SRI.ONEAL SABU FOR R5-6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19319 of 2011(L) APPENDIX EXHIBITS FOR THE PETITIONER : EXT.P1 : TRUE COPY OF APPLICATION FOR TRANSFER EXT.P2 : TRUE COPY OF THE ORDER ISSUED BY THE UNIVERSITY EXT.P3 : TRUE COPY OF THE ORDER ISSUED BY THE UNIVERSITY EXT.P4 : COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER. EXHIBITS FOR THE RESPONDENTS : EXT.R5(a) : TRUE COPY OF THE RANK LIST PUBLISHED FOR ADMISSION TO THE 2nd YEAR B.COM DEGREE, FOR THE YEAR 2011-12. //TRUE COPY// P.A.TO JUDGE ami/ P.R.RAMACHANDRA MENON, J. ---------------------------------------- W.P.(C) No.19319 of 2011 ------------------------------------------- Dated this the 3rd day of October, 2011 J U D G M E N T The issue pertains to the transfer of the petitioner/ student (III semester B.Com), sanctioned by the respondent University, to be effected from the 3rd respondent college to the 5th respondent college, with liberty to change the subject of ''Computer Application'' to ''Finance''. 2. The case of the petitioner is that, he is a third semester B.Com student in the 3rd respondent college and his place of residence is nearly 35 kms. away from the 3rd respondent college, while the 5th respondent college is situated nearly 5 kms. away. It was in the said circumstances, that the petitioner sought to obtain a transfer from the 3rd respondent to the 5th respondent college, with permission to change the subject of 'Computer Application' to 'Finance', as there is no subject as ''Computer Application'' in the 5th respondent college. The 2 W.P.(C) No.19319 of 2011 petitioner submitted Ext.P1 application in this regard, wherein necessary endorsement has been effected by the 3rd respondent college in 'column No.6' mentioning that there is no objection for the 3rd respondent in this regard. Consent has also been given by the 5th respondent college, making it clear that they can admit the petitioner and that there was vacancy for the above referred course in the college, as revealed from the entries given in various columns of the application, including column Nos.10, 13 etc., 3. Based on the consent given by the 3rd and 5th respondents, the application preferred by the petitioner was considered by the respondent University, who issued Ext.P2 communication dated 4.7.2011 to the 5th respondent college, enabling the petitioner to have transfer from the 3rd respondent college to the 5th respondent college, subject to the terms specified therein. The operative portion of Ext.P2 reads as follows :- 3 W.P.(C) No.19319 of 2011 “With reference to the above, I am to inform you that Sri.Hashir Abdulla who is reported to have appeared for the 2nd Semester B.Com examination is permitted to join 3rd Semester B.Com with the change of optional subject from 'Computer Application' to 'Finance' in your college during 2011-12 as the college does not offer 'Computer Application'. I am further to inform you that the above sanction is subject to the condition that the above candidate is selected for admission to 3rd Semester B.Com in your college in accordance with the admission rules in force and that there is vacancy within the sanctioned strength in 3rd Semester B.Com to accommodate him. No additional seat will be provided to accommodate the candidate. The Principal is requested to ensure that the above requirements and conditions are satisfied.” 4. Pursuant to the above communication, Ext.P3 order was passed by the University, whereby the petitioner was actually given the transfer from the 3rd respondent to the 5th respondent. Despite the issuance of Exts.P2 and P3, the 3rd respondent did not issue the T.C. and the 5th respondent refused to give admission to the petitioner, which made him to approach this Court seeking for appropriate relief. 5. On completion of service of notice, the 5th and 6th 4 W.P.(C) No.19319 of 2011 respondents have filed counter affidavit pointing out the subsequent developments including that, the consent given earlier was on the basis of a misconception of the actual facts and that the 5th respondent college was not in a position to give admission to the petitioner. Some other reasons are also given ; which compelled the staff council to hold an emergency meeting on 30.6.2010 and to take a decision not to fill up the two available vacancies in the particular course. The petitioner has sought to rebut the averments by filing a reply affidavit. A statement has been filed by respondents 1 and 2 ; the crux of which is that, the University has already considered the matter with regard to the application for transfer preferred by the petitioner, after getting the 'consent' from the Principals of both the colleges- respondents 3 and 5. This being the position, it is stated that the 3rd respondent is bound to issue necessary T.C. and other relevant documents and that the 5th respondent is liable to admit the petitioner to the course 5 W.P.(C) No.19319 of 2011 and further that it is open for the University to take appropriate action against the 5th / 6th respondent, who defies the order passed by the University, which includes action with regard to the affiliation as well. 6. The learned counsel for the petitioner submits that, the petitioner's place is 'neither here nor there' and is virtually disabled from pursuing further studies, more so when the University has already passed orders transferring the petitioner from the 3rd respondent institution. Learned counsel appearing for the 3rd respondent submits that, the 3rd respondent has not issued T.C. to the petitioner mainly for the reason that, it was informed from the part of the 5th respondent college that they are not willing to admit the petitioner (for the reasons as stated in their counter affidavit filed before this Court) and that once T.C. is issued, the petitioner himself will be finding it difficult to pursue his studies and hence the non-issuance of T.C. and other relevant documents is only in the best interest of the 6 W.P.(C) No.19319 of 2011 student and not with any vindictive exercise. 7. In response to the submissions of the learned counsel for the petitioner that, if at all the petitioner is to continue the studies in the 3rd respondent college, concurrence of the University is necessary, (they having already issued Exts.P2 and P3 transfer orders), the learned standing counsel for the University submits that, the University does not have any objection in continuing the petitioner in the 3rd respondent institution. 8. In the above facts and circumstances, the submission made on behalf of the respondent colleges and also on behalf of the respondent University is recorded and the writ petition is disposed of with liberty to the petitioner to pursue the studies in the 3rd respondent college. The respondent University shall pass necessary orders/ proceedings enabling the petitioner to continue his studies as above, in supercession/modification of Exts.P2 and P3. It will be open for the University to take appropriate steps 7 W.P.(C) No.19319 of 2011 against, the 5th and 6th respondents, if so necessary, in accordance with the relevant provisions of law. Writ petition is disposed of. P.R.RAMACHANDRA MENON, JUDGE ami/