IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE AG. CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 WA.No. 1432 of 2011() --------------------- AGAINST THE JUDGEMENT IN WPC.21659/2011 Dated 22/08/2011 .................... APPELLANT/APPELLANT: -------------- SURAJ, S/O.E.CHANDRASEKHARAN, “SAROVAROM”, PUTHUPARIYARAM POST, PALAKKAD. BY ADV. SRI.LAL GEORGE SMT.M.J.INDUJA RESPONDENTS/RESPONDENTS: --------------- 1. THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. CALICUT UNIVERSITY REP. BY ITS REGISTRAR, UNIVERSITY BUILDING, THENJIPALAM, KOZHIKODE. 3. PRINCIPAL, NEHRU COLLEGE OF ENGINEERING AND RESEARCH CENTRE, PAMPADY, THRISSUR. SR. G.P. SMT.K.MEERA FOR R1 ADV. SRI.SANTHOSH MATHEW,SC,CALICUTY UNIVERS FOR R2 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX ANNEXURE A1: TRUE PHOTOCOPY OF NO OBJECTION CERTIFICATE. ANNEXURE A1(a): TRUE PHOTOCOPY OF APPLUICATION FORM DT.23.8.11. TRUE COPY P.S. TO JUDGE C.N.RAMACHANDRAN NAIR, Ag. C.J. & P.S.GOPINATHAN, J. .................................................................... Writ Appeal No.1432 of 2011 .................................................................... Dated this the 10th day of October, 2011. JUDGMENT Ramachandran Nair, Ag. C.J. The appellant while being a student of 5th Semester Engineering course of the third respondent-college, was issued a compulsory Transfer Certificate on account of some misconduct, details of which are not on record. Another college under the Calicut University namely, Palakkad Institute of Science and Technology, Govindapuram, Palakkad, has agreed to take the appellant for continuing in the Semester in which he is eligible to join. The appellant as of now completed even the 5th Semester study and results have been published upto 3rd Semester. The appellant has passed all the examinations upto the 3rd Semester. While the 4th Semester results are expected, the appellant is issued compulsory Transfer Certificate. 2. The appellant approached the University for his transfer and to join the 5th Semester course in the Palakkad Institute of Science and Technology and simultaneously filed Writ Petition before this court for W.A. 1432/2011 2 direction to the University to consider the application. The learned Single Judge directed the appellant to apply for admission to the 3rd Semester in the Palakkad Institute of Science and Technology with direction to the University to consider approval of the same. It is against this judgment the appellant has filed this appeal raising various contentions. 3. During hearing counsel for the University submitted that transfer is permissible only in the 3rd Semester and not beyond that. So much so, on appellant complying with the formalities the University has to grant approval for transfer for appellant to join the Palakkad Institute of Science and Technology in the 3rd Semester. If the application is incomplete or any more details are required, the appellant is directed to submit the same. If the Palakkad Institute of Science and Technology is willing to accept the appellant, then they should admit him forthwith provisionally subject to approval of transfer by the University. We make it clear that since the appellant has passed 3rd Semester examination and also the 4th Semester examination in another college, if there is any deficiency in attendance for the 3rd Semester in W.A. 1432/2011 3 the new college, appellant should not be denied the right to write examination. In other words, if the appellant attends balance period of 3rd Semester course in the new college, the University should allow the appellant to write the 3rd Semester examination. Writ Appeal is allowed directing the University to approve transfer on appellant and the College complying with the formalities. Issue copy today itself. C.N.RAMACHANDRAN NAIR Acting Chief Justice P.S.GOPINATHAN Judge pms