IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 WP(C).No. 6066 of 2010(G) --------------------------------------- PETITIONER(S): ------------------------ 1. SUNDEEP SURESH KUMAR, AGED 20 YEARS, S/O.SURESH KUMAR, CHEMPAKAMANGALAM, KAVIYOOR.P.O, THIRUVALLA. 2. B.SURESH KUMAR, AGED 50 YEARS, S/O.BALAKRISHNAN NAIR, CHEMPAKAMANGALAM, KAVIYOOR.P.O, THIRUVALLA. BY ADV. MR.R.SANTHOSH BABU RESPONDENT(S): --------------------------- 1. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS, ATHIRAMPUZHA, KOTTAYAM. 2. VICE CHANCELLOR, M.G.UNIVERSITY, OFFICE OF THE VICE CHANCELLOR, PRIYADARSHINI HILLS, ATHIRAMPUZHA, KOTTAYAM. 3. DIRECTOR OF COLLEGIATE EDUCATION, DIRECTORATE OF COLLEGE EDUCATION, THIRUVANANTHAPURAM. 4. PRINCIPAL, N.S.S.HINDU COLLEGE, CHANGANACHERY, KOTTAYAM. R1 & R2 BY ADV. MR. T.A. SHAJI, SC, M.G.UNIVERSITY R3 BY GOVERNMENT PLEADER MR. K. RAMESH R4 BY MR.P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE, R4 BY ADV.MR.P.GOPAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.6066/2010 G APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF APPLICATION FOR REGISTRATION TO THE SECOND SEMESTER FOR B.A.DEGREE. P2: COPY OF RECEIPT. P3: COPY OF TRANSFER CERTIFICATE DTD. 16/02/2010 ISSUED BY 4TH RESPONDENT. P4: COPY OF COMPLAINT DTD.17/02/2010 TO 1ST RESPONDENT. P5: COPY OF REPRESENTATION/COMPLAINT TO 2ND RESPONDENT. P6: COPY OF COMPLAINT TO 4TH RESPONDENT. RESPONDENT'S EXHIBITS: R4(A): COPY OF THE PROSPECTUS ISSUED FROM THE COLLEGE FOR THE YEAR 2009-2010. R4(B): COPY OF THE COMPLAINT SUBMITTED BY THE OFFICE BEARER OF THE COLLEGE UNION DTD. 16/02/2010. R4(C): COPY OF THE APPLICATION SUBMITTED BY THE 2ND PETITIONER FOR ISSUANCE OF TRANSFER CERTIFICATE DTD. 16/02/2010. R4(D): COPY OF THE TRANSFER CERTIFICATE ISSUED FROM THE COLLEGE 16/02/2010. R4(E): COPY OF THE ACKNOWLEDGMENT RECEIPT BY THE 2ND PETITIONER DTD. 16/02/2010. /TRUE COPY/ P.S.TO JUDGE Kss T.R.Ramachandran Nair, J. ------------------------------------------ W.P.(C) No.6066 of 2010 ------------------------------------------ Dated this the 11th day of March, 2010 JUDGMENT The second petitioner is the father of the first petitioner. They are aggrieved by the action taken by the 4th respondent college to issue transfer certificate to the student, namely the first petitioner. There is a prayer to readmit the first petitioner for Second Semester BA (English Literature) Course and allow him to continue in the 4th respondent college after cancelling Ext.P3 transfer certificate. 2. The incident leading to the issuance of the transfer certificate is said to have happened on 16.2.2010 when the Fare Well Day celebration was conducted by the College Union. It is the case of the petitioners that they were forced by two Lecturers for agreeing for a transfer from the college. The first petitioner claims that he was a disciplined student of the college and he W.P.(C) No.6066 of 2010 - 2 - had neither involved in any quarrel nor committed any misconduct or misbehaviour affecting the peaceful atmosphere of the college. 3. The Principal of the college has filed a counter affidavit traversing the contentions raised by the petitioners. The Fare Well celebration was conducted in the college on 16.2.2010 by the College Union. It is alleged that the first petitioner and another student by name Asish created trouble in the auditorium which had led to the issuance of transfer certificate as per the application submitted by the second petitioner himself which has been produced as Ext.R4(c). It is stated that the second petitioner received Ext.R4(d) transfer certificate without any objection and the acknowledgement has been produced as Ext.R4(e). 4. In the light of the disputed questions of fact raised in the writ petition, this Court may not be justified in W.P.(C) No.6066 of 2010 - 3 - adjudicating the issue. Going by Chapter 27 of the Mahatma Gandhi University First Statute, 1997, there is a Board for adjudication of students' grievances. 5. If the petitioners are really aggrieved by the issuance of transfer certificate, they can approach the said Board and if such an application is filed, the same will be considered by the Board for adjudication of students' grievances after hearing the 4th respondent also. Learned counsel for the petitioners submits that a direction may be issued to the said Board to dispose of the matter expeditiously and within a time frame. In view of the urgency shown by the petitioners, the Board will take an appropriate decision expeditiously. Learned counsel for the petitioners further submits that the first petitioner has already remitted fees for appearing the 2nd semester examinations scheduled to be held from April, 19, 2010. Regarding the said issue also, the petitioners have to move the W.P.(C) No.6066 of 2010 - 4 - University itself for getting appropriate orders. If a representation is filed within five days along with a copy of this judgment, the same will be considered by the competent authority of the University expeditiously. Writ petition is disposed of accordingly. T.R.Ramachandran Nair, Judge vns