IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 3RD OCTOBER 2011 / 11TH ASWINA 1933 WP(C).No. 25779 of 2011(V) -------------------------- PETITIONER: --------------- ZACHARIA SAJI, S/O.SAJI ZACHARIA, MARYGIRI HOUSE, VADAKKENCHERRY P.O.,PALAKKAD. BY ADV. MR. M.K.CHANDRA MOHANDAS RESPONDENTS: --------------- 1. MAHATMA GANDHI UNIVERSITY, (REPRESENTED BY ITS REGISTRAR), KOTTAYAM. 2. ST.JOSEPH'S COLLEGE OF ENGINEERING & TECHNOLOGY(REPRESENTED BY ITS PRINCIPAL), CHOONDACHERRY, PALAI. BY STANDING COUNSEL MR. T.A. SHAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 25579 OF 2011 APPENDIX PETITIONER'S EXHIBITS : EXT.P1 A TRUE COPY OF THE TRANSFER CERTIFICATE SL.NO.570 DTD.16.9.2011 FROM 2ND RESPONDENT. EXT.P2 A TRUE COPY OF THE REPRESENTATION DTD.26.9.2011 TO THE RESPONDENTS. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No . 25779 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 3rd t October, 2011 JUDGMENT The petitioner has approached this Court with the following prayers : i. issue a writ of mandamus or any other writ, order or direction in the nature of mandamus directing the 1st respondent to consider the representation Ext. P2 and pass orders forthwith considering the given facts and circumstances. ii. issue a writ of mandamus or any other writ, order or direction in the nature of mandamus directing the respondents to re-induct the petitioner into his original class and course promptly. iii. and grant such other and further reliefs, as this Hon'ble Court may deem fit and proper under the given facts and circumstances in the interest of justice. 2. The learned counsel for the petitioner submits that, the petitioner, a B.Tech student in the second respondent College, had to obtain transfer certificate on completion of two semesters and while continuing with the 3rd semester, because of some compelling personal circumstances. After obtaining the transfer certificate, the things took a different turn, when the petitioner came back to join in the second respondent college, which however was not positively considered, allegedly because of the non clearance by the first respondent W.P. (C) No. 25779 of 2011 : 2 : University. It is in the said circumstances, that the petitioner has approached the first respondent, by filing Ext. P2 representation dated 26.09.2011, which is sought to be disposed of directing the University to consider and pass appropriate orders therein. 3. The learned standing counsel appearing for the respondent University, on instructions submits that, such a readmission can be considered only after getting the remarks from the concerned college, particularly on the availability of vacancies and also as to the chance of requisite extent of attendance. 4. In view of the nature of relief sought for, this Court does not find it necessary to issue notice to the second respondent for the time being. The first respondent is directed to consider and pass appropriate orders on Ext. P2, after calling for the remarks from the first respondent forthwith. The proceedings as above shall be finalized in accordance with law, as expeditiously as possible, at any rate, within two weeks from the date of receipt of a copy of this judgment. The Writ Petition is disposed of. Sd/- P. R. RAMACHANDRA MENON, JUDGE kmd