IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 WP(C).No. 21659 of 2011(F) -------------------------- PETITIONER(S): --------------- SURAJ, S/O.E.CHANDRASEKHARAN, SAROVAROM, PUTHUPARIYARAM POST, PALAKKAD. BY ADV. SRI.LAL GEORGE SMT.M.J.INDUJA RESPONDENT(S): --------------- 1. THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETRIAT,THIRUVANANTHAPURAM. 2. CALICUT UNIVIERSITY REPRESENTED BY ITS REGISTRAR,UNIVERSITY BUILDING, THENJIPPALAM,KOZHIKODE. 3. THE PRINCIPAL,NEHRU COLLEGE OF ENGINEERING AND RESEARCH CENTRE,PAMPADY, THRISSUR. ADV. SRI.SANTHOSH MATHEW,SC,CALICUTY UNIVERSITY GP SRI. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21659 of 2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE PHOTOSTAT COPY OF THE ALLOTMENT MEMO DATED 17.7.09 EXT.P2 : TRUE PHOTOSTAT COPY OF THE COMBINED GRADE SHEET DATED 30.10.10 ISSUED BY THE CALICUT UNIVERSITY EXT.P3 : TRUE PHOTOSTAT COPY OF THE PROCEEDOINGS DATED 17.6.11 EXT.P4 : TRUE PHOTOSTAT COPY OF THE ORDER DATED 4.7.11 ISSUED BY THE ACADEMIC DIRECTOR, NEHRU COLLEGE OF ENGINEERING AND RESEARCH INSTITUTE EXT.P5 : TRUE PHOTOSTATE COPY OF THE NO OBJECTION CERTIFICATE DATED 13.7.11 EXT.P6 : TRUE PHOTOSTAT COPY OF THE REPRESENTATION DATED 14.7.11 EXT.P7 : TRUE PHOTOSTAT COPY OF THE REPRESENTATION DATED 1.8.11 EXT.P8 : TRUE PHOTOSTAT COPY OF THE PROCEEDOINGS NO.GAIV/E1/8770/2010 EXT.P9 : TRUE PHOTOSTAT COPY OF THE JOINT APPLICATION (True copy) P.A. To Judge ANTONY DOMINIC, J .............................................. W.P.(C).21659/2011 [F] .............................................. Dated this the 22nd day of August, 2011 JUDGMENT Petitioner was a student of B.Tech Computer Science in the third respondent College. When he was undergoing studies in the fifth semester, the Principal and the Director Academic & Advisor jointly issued Ext.P4 ordering that Transfer Certificate be issued to the petitioner. 2. Petitioner there upon approached the Palakkad Institute of Science and Technology, another Engineering College affiliated to the second respondent University, for admission. Referring to Ext.P9, the learned counsel for the petitioner submits that the Principal of the aforesaid College agreed to admit the petitioner in the fifth semester class. However, the University declined to permit transfer on the ground that inter college transfer is permissible only in the third semester. It is relying on clause 3, 4 and 5 of the first Ordinance of the second respondent University and contending that transfer is permissible at any stage of the course, the writ petition is filed. W.P.(C).21659/11 2 3. The learned Standing Counsel appearing for the respondents has obtained instructions in the matter and has also produced the Rules for College Transfer framed by the respondent University. Clause G of the aforesaid Rule, dealing with Inter University/Inter Collegiate Transfer of Engineering Students, reads thus:- Inter University/Inter Collegiate Transfer of Engineering Students:- Students who have completed I and II Semester and appeared for exam are eligible for College Transfer. College Transfer for B.Tech course is permitted only to III Semester class. University issues notification for college transfer in April/May with a cut off date. After the combined I and II Semester Exam is over, Students desirous of transfer shall apply to the Registrar in a white paper with details of Rank Scored for the entrance exam along with a copy of the Green card issued by Commissioner of Entrance Exam and a copy of the Hall Ticket of S1 S2 Exam. University will prepare branch wise Rank List. University also collects branch wise vacancy details from Engineering Colleges and allots transfer according to the Rank. One seat of every branch will be reserved for SC/ST candidate and in case no such W.P.(C).21659/11 3 candidate has applied of the transfer, the seat will be allotted to the other candidates on the basis of merit. Change of Branch will not be allowed with College Transfer. In case of Inter University Transfer, the transferred students should pass the combined S1 S2 Exam from the University from which transferred. Students should also appear for the deficiency papers as suggested by his University. The candidate should apply for fixing deficiency paper through the Principal of the College to which transferred. 4. From the above, it can be seen that as per the Rules framed by the University, Inter College transfer for the Engineering students is permissible only in the third semester. 5. Learned counsel for the petitioner contended that the Rules mentioned above is contrary to clause 3, 4 and 5 of the first Ordinance and also Ext.P8, an order of the University permitting transfer of fifth semester students. However, I am unable to accept the plea of the learned counsel for the petitioner. In so far as the alleged contradiction between the Ordinance and the Rules W.P.(C).21659/11 4 is concerned, the Ordinance only provides that transfer is permissible and the Rules only states that such transfer in terms of the Ordinance is permissible only for the third semester Engineering students. The rule only supplements the ordinance and I am not persuaded to think that it runs contra to the Ordnance. As far as Ext.P8 order relied on by the learned counsel for the petitioner is concerned, the learned Standing Counsel has obtained instructions and clarified that, said order involved the case of a student, who had discontinued the course on account of brutal ragging in the college where he was a student and he approached the Government and the Government, considering his case as a special one, the said order was issued. Admittedly, the case of the petitioner stands on a different footing and therefore, he cannot take advantage of Ext.P8. In such circumstances, I am unable to find fault of the University for having declined the request of the petitioner. 6. Be that as it may, it is clarified that in the event there is any vacancy in the third semester, it will be open to the petitioner to approach the Palakkad Institute of Science and Technology and W.P.(C).21659/11 5 if the College agrees, it will be open to the petitioner to move the University for appropriate sanction so that, he can continue third semester in the aforesaid College. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs