Allowed

Aiswharya P.S., v. Apj Abdul Kalam, Technical University of Kerala

Kerala HC17 Jun 2019WP(C)/15212/2019

Case brief

AI extract

What is this about?

Students in 3rd respondent College filed this writ petition seeking inter-college transfer. The Court held they are entitled to transfer and directed the Principal to recommend applications within three days, extending time limits for processing.

What did the court decide?

Directed 4th respondent Principal to recommend applications within three days; directed Respondents 3 and 4 to release documents; extended time limits for University processes.

Aiswharya P.S., Vs Apj Abdul Kalam, Technical… — Education and Admissions | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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MONDAY, THE 17TH DAY OF JUNE 2019 / 27TH JYAISHTA, 1941

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WP(C).No.15212 of 2019

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PETITIONERS:

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1 AISHWARYA P.S., AGED 18 YEARS D/O.P.S.SANTHOSH, PUTHUKKADU HOUSE, FORT KOCHI, PIN - 682 001.

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2 URMILA GOPAN, AGED 19 YEARS D/O.GOPAKUMAR, KAILAS BHAVAN, VYTTILA P.O., ERNAKULAM, PIN - 682 019.

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3 ALITT THOMAS, AGED 19 YEARS

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S/O.P.C.THOMAS, PANIKULAM HOUSE, KURUMASSERY P.O., ERNAKULAM, PIN - 683 579.

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4 SANJAI S., AGED 19 YEARS S/O.SUBASH, KUNDATHIL HOUSE, MANNANCHERRY, ALAPPUZHA - 688 538.

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5 AKSHAY T.SOJAN, AGED 19 YEARS S/O.SOJAN JOSEPH, THOTTAKATH HOUSE, MUPPATHADAM P.O., ERNAKULAM- 683 110.

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6 ASWIN P.ANIL, AGED 19 YEARS S/O.ANIL KUMAR P.T., PUNNASSERRIL HOUSE, WEST OTHERA P.O., THIRUVALLA, PATHANAMTHITTA - 689 551.

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7 ASWIN JAMES, AGED 20 YEARS

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S/O.JAMES K.J., KADUMATTU HOUSE, CHAKKUPALLOM P.O., KUMALI, IDUKKI - 685 509.

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8 ASHNA AISWARYA L.K., AGED 18 YEARS D/O.ASHOKAN K.P., KALATHIL HOUSE, PARAYAKADU P.O., THAZHUPPU, CHERTHALA - 688 540.

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WP(C).No.15212 of 2019

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9 ASWIN M., AGED 19 YEARS S/O.DAKSHAYANI, PERAVALAPPU HOUSE, PERUMBALA P.O., KASARGODE - 671 314.

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10 MILAN JACOB, AGED 19 YEARS S/O.JACOB, ANTONY AUGUSTINE, PULIYANATH HOUSE, KUREETHARA PARAMBU, MUNDAMVELI P.O., COCHIN - 682 507.

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11 AMAL MOHAN, AGED 19 YEARS S/O.MOHANAN M.K., MAKKOLI HOUSE, KURUMASSERY P.O., ERNAKULAM - 683 579.

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12 ASHIL BAIJU, AGED 19 YEARS S/O.BAIJU T.S., THUNDIPARAMBIL HOUSE, PERUMPADAPPU, ERNAKULAM, PIN - 682 006.

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13 JOSNAMOL, AGED 19 YEARS D/O.JOSEPETER, KODUVELIPARAMBIL HOUSE, NEAR ASSISSI, ALUVA P.O., ERNAKULAM - 683 101.

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14 AKKILAS K.J., AGED 20 YEARS S/O.JUDE THADEUS, KUTTAMPARAMBIL HOUSE, VIDYA VIHAR ROAD, THEVARA, PIN - 682 011. 15 NISHA SIMON, AGED 20 YEARS D/O.SIMON K.P., KANJIRAVILAYIL HOUSE, POOVANPARA, KONNI P.O., PATHANAMTHITTA - 689 691. 16 ABHIJITH P.S., AGED 19 YEARS S/O.SAJEEV P.K., PARACHALIL HOUSE, KOMBANAD P.O., ERNAKULAM -683 546. 17 ANSIL H., AGED 19 YEARS S/O.HANEEFA K.M., KODIYANTHATTU HOUSE,

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WP(C).No.15212 of 2019

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MANNANCHERRY P.O.,

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ALAPPUZHA - 688 538.

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18 VIGHNESH S., AGED 19 YEARS S/O.SREEKUMAR K.S., KUNNAPALLY MADOM, KUTHIATHODE P.O., CHERTHALA, ALAPPUZHA - 688 533.

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19 SHAPNA V.M., AGED 19 YEARS D/O.MUJEEB V.K., VANIAPURAYIL HOUSE, EDAVETTY P.O., THODUPUZHA.

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20 MUHAMMED FARHAN S., AGED 19 YEARS S/O.SHAJI S., ANJILIPARAMBU, VALIYAMARAM WARD, ALAPPUZHA - 688 001.

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21 ABRAHAM SHARON, AGED 19 YEARS S/O.T.A.ROCKI, THOALLATTU HOUSE, MUNDAMVELI P.O., COCHIN - 682 507.

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22 SHALIMA JOY, AGED 19 YEARS D/O.JOY THOMAS, CHAKKALACKAL HOUSE, HOUSE NO.8/1803, CHULLICKAL, COCHIN - 682 005.

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23 REJO THOMAS KADUKKARA, AGED 19 YEARS S/O.THOMAS GEORGE, KADUKKARA HOUSE, VENMONY P.O., CHENGANNUR - 689 507.

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24 P.V.ALEX, AGED 20 YEARS S/O.J.VARGHESE, PUTHENPARAMBIL HOUSE, PUNNAPRA P.O., ALAPPUZHA - 688 004.

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25 AARYAN RAJ, AGED 19 YEARS S/O.G.RAJENDRAN NAIR, CHAITHRAM HOUSE, MATHILAKOM, CHERTHALA P.O., ALAPPUZHA - 688 524.

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26 ABHIMANNYU SAJEEVAN, AGED 21 YEARS

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WP(C).No.15212 of 2019

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S/O.T.K.SAJEEVAN, THANDASSERY HOUSE, MOTHER THEREZA LINE, SRM ROAD, PACHALOM, KOCHI - 682 012.

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27 MUHAMMED MUSIN, AGED 19 YEARS S/O.MUJEEB T.K., THOTTIPARAMBIL HOUSE, VENGALLUR P.O., THODUPUZHA, IDUKKI DISTRICT. 28 AJIN SAM SAJI, AGED 19 YEARS S/O.SAMUEL GEEVARGHESE, MALAYIL, KOLLAKADAVU P.O., CHENGANNUR - 689 509. 29 SHAFFIR ALIKHAN, AGED 18 YEARS S/O.ABDULLA KUTTY K., OZHUKKUNEETTIL HOUSE, THRICKODITHANAM P.O., CHANGANASSERY. 30 ABHISHEK M.R., AGED 18 YEARS S/O.RAJESH M.R., MAYILENNAKUZHIL HOUSE, MULANTHURUTHY P.O., ERNAKULAM - 682 314. 31 SAJIDH K.S., AGED 18 YEARS S/O.SUBAIR K.A., KANDATHIN KARAYIL HOUSE, KARIMANOOR P.O., IDUKKI - 685 581. 32 MUSHTHAQ MOHAMMED, AGED 19 YEARS S/O.MOHAMMED, NOORA MANZIL, VANDANAM P.O., ALAPPUZHA. 33 MUHAMMED AZHAR P.H., AGED 19 YEARS S/O.HASSAN P.P., PUKKATTUPANAYAPPILLY, MUNDAMPALAM, THRIKKAKARA P.O. 34 LEOBA YEDHUKULAN, AGED 19 YEARS D/O.K.V.YEDHUKULAN, KALLUVEETTIL, ANANDAPURAM, KOMPARA, KOCHI - 682 018.

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WP(C).No.15212 of 2019

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35 YACOB JUDE, AGED 19 YEARS S/O.JUDE, MANATTU POLAPPARAMBIL HOUSE, ERUMATHALA P.O., CHOONDY, ALUVA - 683 112.

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36 MOHAMMED SANJIND SIRAJ, AGED 19 YEARS S/O.C.V.SIRAJ, RAHMAN COTTAGE, MUNDOCK, MAHE, PIN - 673 310.

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37 THANSEEM RASHEED, AGED 21 YEARS S/O.RASHEED U., CHEERAMATH HOUSE, KANNAMPALLY BHAGOM, KAYAMKULAM P.O., ALAPPUZHA - 690 502.

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38 BLESSON BABU, AGED 20 YEARS S/O.BABU DANIEL, DENSON COTTAGE, PULIYOOR P.O., CHENGANNUR, ALAPPUZHA - 689 510.

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39 JAISON THOMAS, AGED 19 YEARS S/O.JOMON JOY, KIDANGIL HOUSE, VEROOR P.O., CHANGANACHERRY, KOTTAYAM - 686 104.

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40 DON JOSEPH, AGED 25 YEARS S/O.JOSEPH JOHN, KOIPURAM HOUSE, KURISUMOODU P.O., CHANGANACHERRY, KOTTAYAM DISTRICT.

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41 AJAY KRISHNA, AGED 19 YEARS S/O.MANOJ KUMAR, THADAHIL HOUSE, THULAPPALLY P.O., NARANAMTHODU, PATHANAMTHITTA - 686 510.

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42 YEDHUKRISHNA M.GOPI, AGED 19 YEARS S/O.M.A.GOPI, MATTOOKKARAN HOUSE, YORDHANAPURAM P.O., KALADY, ERNAKULAM - 683 574.

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43 ANANDA KRISHNAN S., AGED 19 YEARS S/O.SAJJU BHARATHAN, EVOOR NORTH, CHEPPADU P.O., ALAPPUZHA - 690 507.

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WP(C).No.15212 of 2019

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44 SOORAJ SANIL, AGED 19 YEARS S/O.SANIL KUMAR, VINAYAKA BHAVAN, NEELESWARAM P.O., KOTTARAKKARA - 691 505.

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45 MEREENA MARIAM JIBU, AGED 20 YEARS D/O.JIBU JOSE, PADAYATHU PUTHEN VEEDU, PARACODE P.O., ADOOR, PATHANAMTHITTA.

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46 VISHAL P.R., AGED 18 YEARS S/O.A.R.RAJENDRAN NAIR, PAMPA HOUSE, MELPADOM P.O., MANNAR, ALAPPUZHA - 689 627.

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47	ANITH ANIL,
	AGED 19 YEARS S/O.ANIL KUMAR, AISWARYA HOUSE, CHALANCHERRY ROAD,
	THEVARA, COCHIN - 682 013.
48	SARATH ANILKUMAR,
	AGED 20 YEARS
	S/O.ANILKUMAR, BIJU NIVAS, NEAR BAMBOO BOARD
	FACTORY, ANGAMALY SOUTH P.O., ERNAKULAM - 683 573.

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49 ASWATHY REGHU, AGED 18 YEARS D/O.REGU N., MUTHEDATHU THARA HOUSE, THALAYAZHAM P.O., VAIKOM - 686 607.

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50 LUDIYA B.G., AGED 18 YEARS D/O.T.R.GOPI, THONDANPARAYIL HOUSE, KOKKAPPALLIL, VENNIKULAM P.O., ERNAKULAM - 682 305.

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51 REETHIKA B.V., AGED 19 YEARS D/O.VASUDEVAN, SALAM SATTU PARAMBU, MATTANCHERRY, KOCHI - 682 002.

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52 YADHU KRISHNAN, AGED 18 YEARS S/O.GOPALA KRISHNAN, KRISHNA KRIPA HOUSE,

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WP(C).No.15212 of 2019

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EDANAD P.O., CHENGANNUR - 689 123.

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53 ANN MARY K.A., AGED 18 YEARS D/O.ANJILOSE MARTIN K.S., KALLUPURAKKAL HOUSE, KOONAMMAVU P.O., ERNAKULAM - 683 518.

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54 MARSHEL THOMAS, AGED 20 YEARS S/O.THOMAS JOHN, PUTHEN VEETTIL HOUSE, AZHEEKAL P.O., VYPIN, ERNAKULAM - 682 503.

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55 BISMA ALI, AGED 18 YEARS D/O.ALI K.M., KAMBATH HOUSE, CHERUVATTOOR P.O., KOTHAMANGALAM - 686 666.

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56 JURIN THADDEOUS, AGED 20 YEARS S/O.V.C.JUDE THADDEOUS, VALIATTINKARA HOUSE, FORT KOCHI VELI, FORT KOCHI P.O.,PIN - 682 001. 57 ANZAR RAHIM, AGED 20 YEARS S/O.ABDUL RAHIM, KANDANKERIL HOUSE, MALAMEL BHAGOM, ALAPPUZHA - 690 572.

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58 KARTHIK RETHEESH, AGED 20 YEARS S/O.RATHEESH KUMAR, RETHEESH BHAVANAM, THRIKKUNNAPUZHA P.O., PATHIYANKARA, ALAPPUZHA - 690 515.

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59 NISHIN K.K., AGED 22 YEARS S/O.SADANANDAN K.K., KUZHIKKADAN KUNNATH, KANNADIPOYIL P.O., BALUSSERY, KOZHIKODE - 673 612.

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60 THOMAS KURIAKOSE, AGED 19 YEARS S/O.T.T.KURIAKOSE, VALLAMKUZHIYIL HOUSE, KOOTHATTUKULAM P.O., ERNAKULAM - 686 662.

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WP(C).No.15212 of 2019

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61 JAYASREE P., AGED 18 YEARS D/O.PANDI P., CHITTATHUKATTIL HOUSE, EDAYAPPURAM, ALUVA P.O., ERNAKULAM - 683 101.

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BY ADVS. SRI.D.KISHORE MEERA GOPINATH MINI GOPINATH SRI.R.MURALEEKRISHNAN (MALAKKARA)

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RESPONDENTS:

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1 THE APJ ABDUL KALAM, TECHNICAL UNIVERSITY OF KERALA, THIRUVANANTHAPURAM, REPRESENTED BY ITS VICE CHANCELLOR, CET CAMPUS, ALTHARA ROAD, AMBADI NAGAR, THIRUVANANTHAPURAM, PIN - 695 016.

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2 THE REGISTRAR, A.P.J.ABDUL KALAM, TECHNICAL UNIVERSITY OF KERALA, THIRUVANANTHAPURAM, CET CAMPUS, ALTHARA ROAD, AMBADI NAGAR, THIRUVANANTHAPURAM, PIN - 695 016.

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3 THE COCHIN INSTITUTE OF SCIENCE AND TECHNOLOGY, ETTAPPALLY, MANNATHOOR P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686 723, REPRESENTED BY ITS CHAIRMAN.

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4 THE PRINCIPAL, COCHIN INSTITUTE OF SCIENCE AND TECHNOLOGY, ETTAPPALLY, MANNATHOOR P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686 723.

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5 THE MANAGER, ADMISSION SUPERVISORY/FEE REGULATORY COMMITTEE FOR PROFESSIONAL COLLEGES, HEAD OFFICE, TC 15/1553-4, PRASANTHI BUILDINGS, M P APPANA ROAD, VAZHUTHACADU, THIRUVANANTHAPURAM, PIN - 695 014.

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WP(C).No.15212 of 2019

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6 THE STATE OF KERALA, REPRESENTED BY SECRETARY TO EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.

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BY ADVS. SMT.MARY BENJAMIN, SC, SRI.ANOOP.V.NAIR SRI.M.S.SANDEEP SUDHAKARAN

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OTHER PRESENT:

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SRI.ELVIN PETER, SC, SRI.B.UNNIKRISHNA KAIMAL ,GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.15212 of 2019

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J U D G M E N T

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Petitioners, who have completed the 2^nd /4^th

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semester of B.Tech Degree course in various branches of Engineering under the 3^rd respondent College, have filed this writ petition aggrieved by the denial of NOC/refusal to recommend their applications for inter-college transfer.

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All the petitioners except petitioners 9, 18, 29, 35 and 48 have submitted applications before

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the 4^th respondent for inter-college transfer. In the case of the other petitioners it is stated that they could not submit their applications, though they approached the College several times, as there was nobody in the College. As per Ext.P1 norms issued by the first respondent University, the inter-college transfer is permissible before the commencement of the 3^rd and 5^th Semester and it is permissible between Self Financing Colleges. Due to lack of facilities

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WP(C).No.15212 of 2019

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in the present College, petitioners wanted to leave

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the present college and they have got assurance from other Self Financing Colleges that they would be provided with admissions. The procedure for inter-college transfer is provided in Ext.P1 norms. The University has also fixed a time schedule in Ext.P4. As per Exts.P1 and P4, the applications of the students were to be submitted to the College between 15.05.2019 and 25.05.2019 and the Principal of the present College was to make recommendation between 27.05.2019 and 28.05.2019. Petitioners had to submit their applications to the opted college between 29.05.2019 and 04.06.2019. Principal of the opted collage was to make recommendation thereafter between 6^th and 11^th June, 2019. They were to be relieved from the College to join the opted college between 12^th and 15^th June, 2019. The last date for remitting the fees to the University was on 18.06.2019 and to upload their details in the

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WP(C).No.15212 of 2019

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University was on 19.06.2019. Even though, the acknowledgment was issued in respect of the applications received on 15.05.2019, the College did not recommend the applications.

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Similarly situated petitioners had

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approached this Court in identical circumstances. This Court had by Ext.P9 judgment dated 31.05.2019 in W.P.(C).Nos.14156 of 2019 and 14547 of 2019

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issued directions to the College to recommend their applications. Alternatively, it was also directed

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that in case the Principal did not do anything as directed, the opted college would be free to act upon the applications submitted by the petitioners.

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Respondents 3 and 4 have filed counter

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affidavit, denying the contention raised in the writ petition regarding facilities available in the College. The learned Counsel for the College submitted that there are dues from petitioners

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towards hostel fee, tuition fee, etc. This

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WP(C).No.15212 of 2019

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contention is denied by the learned Counsel for the petitioners.

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Whatever it may be the issue raised herein is covered by the judgment dated 31.05.2019 in W.P. (C).Nos.14156 of 2019 and 14547 of 2019, which is upheld in the judgment dated 04.06.2019 in W.A.No. 1363 of 2019. The 4^th respondent has no authority to compel the petitioners to continue in their College when they do not want to continue there. Therefore, all the petitioners, except petitioners 9, 18, 29, 35 and 48, who have submitted their applications for inter-college transfer before the 4^th respondent are entitled to be recommended for inter-college transfer.

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There shall be a direction to the 4^th

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respondent-Principal of the College to recommend the applications of the petitioners for inter-college transfer within 'three days' from the date of receipt of a copy of the judgment, so as to enable

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WP(C).No.15212 of 2019

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the petitioners to process the same in accordance with the norms of the University, notwithstanding expiry of the time fixed. Respondents 3 and 4 shall release all the necessary documents in respect of the petitioners and to take all necessary steps to enable the petitioners to join the new Colleges on their selection to the respective Colleges.

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As per the interim order passed on

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06.06.2019, it was directed that the time limit specified in Ext.P4 will stand extended by 10 days. As the said time limit has expired, the time limit fixed in Ext.P4 will stand extended further by another 10 days for each step. There shall be a direction to the University to see that the petitioners are able to upload their details and to remit the examination fee.

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Learned counsel for the petitioners submits

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that in case there is any dues from any of the petitioners towards tuition fee or hostel fee that

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WP(C).No.15212 of 2019

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would be remitted. This is recorded.

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The writ petition is disposed of accordingly.

Sd/-

P.V.ASHA, JUDGE

WP(C).No.15212 of 2019

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE NORMS OF INTER COLLEGE TRANSFER FOR B.TECH. COURSE ISSUED BY THE 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE APPLICATION SUBMITTED DATED 15/5/2019 SUBMITTED BY THE 32ND PETITIONER BEFORE THE 4TH RESPONDENT. EXHIBIT P2 A TRUE COPY OF THE COMMUNICATION DATED 17/5/2019 ISSUED BY THE PRINCIPAL, M- DIT INSTITUTE OF TECHNOLOGY TO THE 59TH PETITIONER. EXHIBIT P2 B TRUE COPY OF THE COMMUNICATION DATED 15/5/2019 ISSUED BY THE PRINCIPAL, ADI SHANKARA INSTITUTE OF ENGINEERING AND TECHNOLOGY TO THE 18TH PETITIONER. EXHIBIT P3 TRUE COPY OF THE RECEIPT EVIDENCING THE ACCEPTANCE OF APPLICATION FOR INTER COLLEGE TRANSFER DULY ACKNOWLEDGED BY THE VICE PRINCIPAL OF THE 3RD RESPONDENT COLLEGE ON 15/5/2019. EXHIBIT P4 TRUE COPY OF THE READMISSION SCHEDULE FOR 2019-20 ISSUED BY THE 1ST RESPONDENT UNIVERSITY. EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 20/5/2019 SUBMITTED BY THE 16TH PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 27/5/2019 SUBMITTED BY THE 10TH PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED

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WP(C).No.15212 of 2019

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25/5/2019 SUBMITTED BY THE PETITIONERS AS WELL AS OTHER STUDENTS BEFORE THE 2ND RESPONDENT.

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EXHIBIT P8 TRUE COPY OF THE COMPLAINT DATED 27/5/2019 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 5TH RESPONDENT.

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EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 31/5/2019 IN WP(C) 14547/2019 OF THIS HONOURABLE COURT.

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EXHIBIT P10 TRUE COPY OF THE PAMPHLET CIRCULATED BY THE CHAIRMAN OF 3RD RESPONDENT INSTITUTION ALONG WITH THE MINUTES OF THE PTA MEETING HELD ON 7/12/2018.

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RESPONDENTS' EXHIBITS:

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EXHIBIT R3(A) TRUE COPY OF THE ORDER DATED 15.5.2019 ISSUED BY THE 1ST TO THE 3RD RESPONDENT

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EXHIBIT R3(B) TRUE COPY OF THE ORDER DATED 3.7.2015 ISSUED BY THE HIGHER EDUCATION DEPARTMENT IN RESPECT OF THE ALLOTMENT OF THE SEATS, BASED ON THE AGREEMENT BETWEEN MANAGEMENT AND THE GOVERNMENT

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EXHIBIT R3(C) TRUE COPY OF THE RELEVANT PAGES OF THE PROSPECTUS OF THE COLLEGE

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EXHIBIT R3(D) TRUE COPY OF THE RELEVANT PAGES OF THE REGULATIONS 2019 (DRAFT) (CIRCULATION COPY) ISSUED BY 1ST RESPONDENT

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EXHIBIT R3(E) TRUE COPY OF THE LETTERS GIVEN BY THE PETITIONERS AND OTHER STUDENTS

Aiswharya P.S., v. Apj Abdul Kalam, Technical University of Kerala

Case brief

What is this about?

What did the court decide?

Aiswharya P.S., v. Apj Abdul Kalam, Technical University of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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