Writ petition challenging rejection of inter-college transfer for a student with health issues. Court held that no legal right existed under applicable regulations and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942
WP(C).No.28534 OF 2020(N)
PETITIONER:
ASWIN MANMATHAN
AGED 20 YEARS S/O.MANMATHAN NAIR, KANNEL AARAMOM, VADAKKE ANJILIMOODU ROAD, PUTHUPPALLY P.O., KAYAMKULAM,
ALAPPUZHA - 690527.
BY ADVS. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR
RESPONDENTS:
1 A.P.J.ABDUL KALAM TECHNOLOGICAL UNIVERSITY CET CAMPUS, ALATHARA RD.L, AMBADY NAGAR, THIRUVANANTHAPURAM, KERALA - 695 016 REPRESENTED BY ITS REGISTRAR.
A.P.J.ABDUL KALAM TECHNOLOGICAL UNIVERSITY, CET CAMPUS, ALATHARA RD., AMBADY NAGAR, THIRUVANANTHAPURAM, KERALA - 695 016.
GOVERNMENT PLEADER SMT.NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 0601-2021, THE COURT ON 12-01-2021 DELIVERED THE FOLLOWING:
W.P.(C).No.28534/2020
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JUDGMENT
Dated this the 12th day of January 2021
W.P.(C).No.28534/2020
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the classes at the 4th respondent college, but it was informed by the 4th respondent that request of transfer is rejected by the 1st respondent, but no order is issued to the petitioner.
W.P.(C).No.28534/2020
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the provisional admission given to the petitioner. The said order is under challenge herein.
W.P.(C).No.28534/2020
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there was no such reason existing in the instant case, the request has been rejected.
Sd/-
Anu Sivaraman, Judge
sj/6/1/2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE DATA SHEET OF THE PETITIONER WITH ROLL NUMBER 129476. EXHIBIT P2 TRUE PHOTOCOPY OF THE FEE RECEIPT ISSUED BY THE 3RD RESPONDENT, DATED 25/07/2019. EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE APPLICATION FOR INTERCOLLEGIATE TRANSFER SUBMITTED BY THE APPLICANT AND RECOMMENDED BY THE RESPONDENTS 3 AND 4. EXHIBIT P4 TRUE PHOTOCOPY OF THE FEE RECEIPT ISSUED BY THE 4TH RESPONDENT, DATED 24/06/2020. EXHIBIT P5 TRUE PHOTOSTAT COPY OF THE A.P.J.ABDUL KALAM TECNOLOGICAL UNIVERSITY ACADEMIC REGULATIONS FOR B.TECH, 2019. EXHIBIT P6 TRUE PHOTOCOPY OF THE JUDGMENT IN W.P.(C) NO.19616 OF 2020, DATED 09/10/202. EXHIBIT P7 TRUE PHOTOSTAT COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 18/11/2020 BEFORE THE 2ND RESPONDENT ALONG WITH THE JUDGMENT IN W.P.(C) NO.24482 OF 2020 AND THE MEDICAL CERTIFICATE. EXHIBIT P8 TRUE PHOTOSTAT COPY OF THE ORDER OF THE DEAN (ACADEMIC) IN CHARGE OF THE 1ST RESPONDENT, DATED 03/12/2020. EXHIBIT P9 TRUE PHOTOCOPY OF THE PROCEEDINGS OF THE 4TH RESPONDENT, DATED 10/12/2020.
True copy
PS to Judge
3 issues framed by the court
Whether the petitioner has a legal right to seek inter-college transfer when regulations do not provide for it.
Whether the petitioner successfully challenged the rejection of his transfer application.
Whether medical hardship alone establishes a right to transfer absent regulatory provisions.
Aswin Manmathan
A.P.J.Abdul Kalam Technological University CET Campus
The Vice Chancellor, A.P.J.Abdul Kalam Technological University
Principal, Bishop Jerome Institute Fathima College
Principal, College of Engineering Karungappally
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
