IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 19TH MARCH 2009 / 28TH PHALGUNA 1930 WP(C).No. 9565 of 2007(L) ------------------------------------ PETITIONER(S): ---------------------- 1. SREEKUMAR M.V., S/O.M.P.VELAYUDHAN, AGED 27 YEARS, MULLAPPILLITHADAM, VALAYANCHIRANGARA P.O., PERUMBAVOOR, ERNAKULAM. 2. PRINCE V.G., AGED 28 YEARS, KALLORKONATHU VEEDU, VAMANAPURAM P.O., THIRUVANANTHAPURAM. BY ADV. MR.K.J.LATHEESH KUMAR RESPONDENT(S): ------------------------ 1. THE GOVERNMENT LAW COLLEGE, THIRUVANANTHAPURAM, REP. BY ITS PRINCIPAL. 2. THE GOVERNMENT LAW COLLEGE, ERNAKULAM, REP. BY ITS PRINCIPAL. R1 & R2 BY GOVERNMENT PLEADER MR.V.TEK CHAND THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 9565/2007-L APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE HIGHER ORDER OPTION LIST ISSUED TO THE 1ST PETITIONER BY THE COMMISSIONER FOR ENTRANCE EXMINATIONS DATED 15/01/2007. EXT.P2: COPY OF THE HIGHER ORDER OPTIION LIST ISSUED TO THE 2ND BY THE COMMISSIONER FOR ENTRANCE EXAMINATIONS DATED 15/01/2007. EXT.P3: COPY OF THE REPRESENTATION MADE BY THE PETITIONERS TO THE COMMISSIONER FOR ENTRANCE EXAMINATIONS DATED 12/02/2007. EXT.P4: COPY OF THE CONCERNED PAGE OF THE HAND BOOK OF M.G.UNIVERSITY. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ P.R.RAMACHANDRA MENON, J. ====================== W.P.(C) No. 9565 of 2007 ====================== Dated, this the 19th day of March, 2009 J U D G M E N T The inaction on the part of the respondents in considering the petitioners' claim for mutual transfer to pursue their studies in the Government Law College, Thiruvananthapuram and the Government Law College, Ernakulam, is sought to be interfered in this writ petition. 2. The case of the petitioners is that, both of them, at the time of filing the writ petition, were the First Semester LL.M. students of the first respondent and second respondent respectively and they got admissions in the concerned colleges based on the All Kerala LL.M. Entrance Examination. The first petitioner belongs to the Ernakulam District, whereas the second petitioner is a native of Thiruvananthapuram District. The grievance of the petitioners is that they belong to a very poor family and W.P.(C) No. 9565/2007 -:2:- with intent to pursue their studies in an effective manner, they had approached the Commissioner for Entrance Examinations (who is not a party to this writ petition) for mutual transfer. They were assured to have it considered after completing the 'Admission' process. It is contended by the petitioners that on completion of the admission to the LL.M., both of them approached the concerned respondents who were stated as the appropriate authorities to consider the request for mutual transfer. But the first respondent was not willing to give any such mutual transfer, which made them to approach this Court. 3. No counter affidavit has been filed by the respondents in the matter. But the learned Government Pleader appearing for the respondents, with reference to Clause 14 of the Exhibit P4 handbook of the M.G. University - with which the second petitioner and the second respondent are concerned, submits that the matter has W.P.(C) No. 9565/2007 -:3:- become practically infructuous in so far as the Inter- University transfer/Inter-College transfer could be allowed only in the 'first year' of the course, which obviously is over, in view of the admitted fact that the petitioners got admission to the First Semester of the LL.M. Course way back in 2007. Clause 14 of Exhibit P4 hand book of the M.G. University is extracted below for the purpose of convenience:- “14. Inter University and Inter College Transfer within the State:- Inter University transfer of students is possible for all courses except for, post graduate courses and final year degree courses. Inter University transfer for all professional courses is allowed only within the State and that too only at the commencement of the second year. Transfer is not allowed in IIIrd year of Degree courses. The students who join the IInd year Degree from other Universities have to take the 1st year Examination along with their IInd year regular exam. Inter College transfer of Postgraduate courses shall be limited to the first year of the course. Both the transfers will be guided by the following principles:- .................................................................................... .............................................................................” From the above, it is very much clear that no relief can be W.P.(C) No. 9565/2007 -:4:- granted to the petitioners for providing any mutual transfer, which otherwise would be contrary to the specific stipulation contained in Exhibit P4 and further the course itself is to come to an end, if not already over. The writ petition lacks merit and the same is dismissed accordingly. P.R.RAMACHANDRA MENON, JUDGE. skr