IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 WP(C).No. 21206 of 2011(A) ------------------------ PETITIONER : --------------------- SALIHA SHABNAM P.A., 1ST YEAR BHMS., GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE, TRIVANDRUM, RESIDING AT NALAKATH BISMILLA MANZIL, AANANGADI, KADALUNDI NAGARAM P.O., MALAPPURAM - 673 314. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): ------------------------- 1. UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., THENHIPALAM, MALAPPURAM DISTRICT-676 505 REP. BY ITS REGISTRAR. 2. THE PRINCIPAL, GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE, KOZHIKODE - 673 001. R1 BY ADV. SRI. SANTHOSH MATHEW, SC R2 BY GOVT. PLEADER SMT. M.J. RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 21206 of 2011(A) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE JUDGMENT OF THIS HO'BLE COURT IN WP(C) 29245/10. EXT.P2 : COPY OF THE LETTER FROM PRINCIPAL, GHMCT DATED 13-9-2010. EXT.P3 : COPY OF THE HALL TICKET ISSUED TO THE PETITIONER FOR THE FIRST YEAR BHMS EXAMINATION. EXT.P4 : COPY OF THE MARK LIST OF THE PETITIONER OF THE FIRST YEAR EXAMINATION. EXT.P5 : COPY OF THE CERTIFICATE ISSUED BY THE GYNAECOLOGIST ATTENDING ON THE PETITIONER. EXT.P6 : COPY OF THE APPLICATION FOR TRANSFER SUBMITTED BY THE PETITIONER. EXT.P7 : COPY OF THE COMMUNICATION FROM THE SECRETARY TO GOVERNMENT, HEALTH DEPARTMENT DATED 8-4-2011. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn P.R.RAMACHANDRA MENON, J ....................................................... W.P.(C).21206/2011 .............................................. Dated this the 4th day of August, 2011 JUDGMENT Petitioner, who is undergoing studies for the 2nd year BHMS, is an aspirant to have transferred from the Government Homeopathic Medical College, Thiruvananthapuram to the Government Homeopathic Medial College, Kozhikode for personal reasons. Petitioner had earlier moved the University in this regard and necessary recommendations were also given by the concerned authorities. But since there was delay in finalizing the proceedings, petitioner was constrained to approach this Court by filing W.P.(C). 29245/2010 which culminated in Ext.P1 judgment dated 23.9.2010, whereby the University was directed to consider the application and to pass appropriate orders within six weeks as specified therein. 2. Pursuant to the further steps taken, the matter was caused to be considered by the Government, who issued Ext.P7 communication dated 8.4.2011, making it clear that the application preferred by the petitioner can be considered and acceded to, only after she passes the 1st year BHMS Examination. W.P.(C).21206/11 2 3. The case of the petitioner is that she participated in the 1st year Examination held in April, 2011 and has come out successful in all the subjects. A copy of the mark list in this regard is produced and marked as Ext.P4. Petitioner thereafter submitted Ext.P6 application dated 16.7.2011 for granting transfer, in tune with the proceedings as mentioned herein before. Petitioner is now before this Court because of the delay in finalizing the proceedings, seeking for appropriate directions to be given to the first respondent to consider and finalize Ext.P6 within a reasonable time. 4. Heard the learned Standing Counsel appearing for the University as well. 5. After hearing both the sides, this Court finds it fit and proper to have the matter disposed of by directing the first respondent to consider Ext.P6 in the light of Exts.P2 and P7, and pass appropriate orders, in accordance with law, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. It is ordered accordingly. W.P.(C).21206/11 3 6. Petitioner shall produce a copy of this judgment along with a copy of the writ petition before the first respondent for taking further steps. P.R.RAMACHANDRA MENON Judge mrcs