Kerala High Court
Reyna George vs The Director on 30 September, 2013
Author: K.Surendra Mohan
Bench: K.Surendra Mohan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN
WEDNESDAY, THE 18TH DAY OF JUNE 2014/28TH JYAISHTA, 1936
WP(C).No. 8436 of 2014 (D)
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PETITIONER:
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REYNA GEORGE,
(FIRST YEAR B.TECH (EEE) STUDENT,
COLLEGE OF ENGINEERING, CHENGANNUR),
RESIDING AT PARAPPULLY HOUSE, KADUPPASSERY P.O.,
THRISSUR DISTRICT - 680 698.
BY ADVS.SRI.FRANCO T.J.
SRI.K.N.PADMAKUMAR
SRI.G.SANTHOSH KUMAR (P).
RESPONDENTS:
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1. THE DIRECTOR,
INSTITUTE OF HUMAN RESOURCES DEVELOPMENT (IHRD),
PRAJO'E TOWERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM -695 014.
2. THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT,
THIRUVANANTHAPURAM -695 001.
3. COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY,
REPRESENTED BY ITS REGISTRAR, COCHIN UNIVERSITY P.O.,
KOCHI - 682 022.
4. JOSEPH SEN K. ROBIN,
KUZHUPPILLIL HOUSE, MAMBILILLIPARAMBU ROAD,
MAROTTICHODE JUNCTION, EDAPALLY P.O.,
ERNAKULAM DISTRICT - 682 024.
5. THE PRINCIPAL,
MODEL ENGINEERING COLLEGE, B M C P.O., THRIKKAKARA,
ERNAKULAM DIST - 682 021.
R1 & R5 BY ADV. SRI.V.A.MUHAMMED, SC, IHRD
R2 BY GOVERNMENT PLEADER SRI.RINNY STEPHEN CHAMAPARAMBIL
R3 BY ADV. SRI.MILLU DANDAPANI, SC, COCHIN UNIVERSITY
R4 BY ADVS. SRI.D.SREEKUMAR
SRI.TONY PETTAH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 18-06-2014, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Kss
WP(C).No. 8436 of 2014 (D)
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APPENDIX
PETITIONER(S)' EXHIBITS:
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EXHIBIT-P1-TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE
THE IST RESPONDENT FOR INTER COLLEGIATE TRANSFGER DATED 30/09/2013.
EXHIBIT-P2-TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S
FATHER BEFORE THE IST RESPONDENT FOR INTER COLLEGIATE TRANSFER DATED
24/10/2013.
EXHIBIT-P3-TRUE COPY OF THE NORMS ISSUED BY ORDER NO. AC.A1/9719/99/II/III(PF)
OF THE 3RD RESPONDENT FOR INTER COLLEGIATE TRANSFER DATED 08/04/2005.
EXHIBIT-P4-TRUE COPY OF THE LETTER NO.DA1/11364/2013/HRD ISSUED BY THE IST
RESPONDENT DATED 12/11/2013.
EXHIBIT-P5-TRUE COPY OF THE LETTER NO. DA1/9947/2013/HRD ISSUED BY THE IST
RESPONDENT DATED 10/01/2014.
EXHIBIT-P6-TRUE COPY OF THE NOC NO. A3(2(/INTER COLLEGIATE TRANSFER/2013/MEC
ISSUED BY THE 5TH RESPONDENT DATED 13/01/2014.
EXHIBIT-P7-TRUE COPY OF THE ORDER NO. AC.A4/COLLEGE TRANSFER/2013 ISUSED
BY THE 3RD RESPONDENT DATED 28/01/2014.
EXHIBIT-P8-TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE
THE IST RESPONDENT FOR INTER COLLEGIAGE TRANSFER DATED 01/02/2014.
EXHIBIT-P9- TRUE COPY OF THE CIRCULAR NO.A4/COLLEGE TRANSFER/2013 DATED
28/09/2013.
EXHIBIT - 10- TRUE COPY OF THE SALE DEED NO.2684/2012 DATED 27/06/2012 OF
ERNAKULAM REGISTRATION SUB DISTRICT.
RESPONDENT(S)' EXHIBITS:
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EXHIBIT R4A - REPRESENTATION SUBMITTED BY THE 4TH RESPONDENT'S FATHER
BEFORE THE HON.MINISTER FOR EDUCATION DATED 31/08/2013.
EXHIBIT R4B - RELEVANT PAGES OF THE RATION CARD OF THE 4TH RESPONDENT
DATED 24/12/2008.
EXHIBIT R4 C1- MEDICAL REPORT OF THE GRANDMOTHER OF THE 4TH RESPONDENT
FROM AMRITHA INSTITUTE OF MEDICAL SCIENCES DATED 4/06/2012.
EXHIBIT R4 C2 - MEDICAL CERTIFICATE OF THE GRANDMOTHER OF THE 4TH
RESPONDENT FROM CLARAPURAM HOMOEO CENTRE DATED 7/04/2014.
Kss ..2/-
..2.....
WPC.NO.8436/2014 (D)
EXHIBIT R4 C3 - MEDICAL CERTIFICATE OF THE GRANDMOTHER OF THE 4TH
RESPONDENT FROM M.A.J.HOSPITAL EDAPPALLYDATED 7/04/2014.
EXHIBIT R4 D - IDENTITY CARD OF THE 4TH RESPONDENTS FATHERS BROTHER ISSUED
BY THE GOVERNMENT OF KERALA DATED 10/11/2010.
/TRUE COPY/
P.A.TO JUDGE
Kss
K.SURENDRA MOHAN, J.
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W.P.(C)No.8436 of 2014
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Dated this the 18th day of June, 2014
J U D G M E N T
The petitioner, is a student of the B.Tech (Electronics and Electrical Engineering) Course at the College of Engineering, Chengannur, who had obtained admission in the management quota. According to the petitioner, as per Ext.P9 the 3rd respondent had invited applications from persons seeking inter collegiate transfer. Ext.P9 is dated 28.09.2013. It mentions that such applications should be submitted before 01.11.2013. The case of the petitioner is that, she had applied for a transfer to the 5th respondent's College by submitting Ext.P1 to the 1st respondent. Ext.P1 is dated 30.09.2013. However, there was no response to Ext.P1, though it was followed up with Ext.P2 by her father. Subsequently, the petitioner received Ext.P4 communication dated 12.11.2013 informing her that institutional transfer within IHRD Engineering Colleges are allotted through a centralised student transfer process during the IInd Semester B.Tech. So she could apply for institutional transfer through the said process as and when it is notified. The petitioner is aggrieved by the stand adopted by the 1st respondent.
2. According to Adv.Sri.T.J.Franco who appears for the petitioner, the 4th respondent a student of the 1st year Engineering W.P.(C)No.8436 of 2014 2 Course in the same Branch has been granted an institutional transfer by Ext.P7. It is contended that by Ext.P5, the 1st respondent had on 10.01.2014 granted permission. Ext.P6 is the no objection certificate issued by the Principal of the College of Engineering, Chengannur. The same was followed up with Ext.P7, granting transfer to the 4th respondent. According to the counsel for the petitioner, the 4th respondent is a person who had obtained a lower rank in the Entrance Examination than the petitioner. Therefore, the petitioner ought to have been preferred in the matter of granting the transfer. It is therefore contended that, the action of the respondents is vitiated by malafides. The petitioner has sought for the issue of directions to the 1st and 5th respondent to issue no objection certificate provisionally to the petitioner and for a further direction to consider and pass orders on Ext.P8 application submitted by her.
3. A statement has been filed on behalf of the 1st and 5th respondents. It is pointed out that, though the petitioner had applied for a transfer, the same was not supported by a no objection certificate issued by her College as well as the 5th respondent. It was also not clear whether vacancies were available in the College to which the transfer was sought. The 4th respondent's case was considered for the reason that, he had produced necessary certificates to show that his grandmother was a W.P.(C)No.8436 of 2014 3 cancer patient having to undergo blood transfusion every three months. His uncle is a mentally retarded person by birth. Both the persons are residing with the 4th respondent and are being taken care of by him. Since 5th respondent's College is just 1.5 k.m away from his house, his request was considered on compassionate grounds and was granted. It was not a case of pick and choose as contended by the petitioner. It is also stated that the request for transfer made by the petitioner has not been rejected. He has only been directed to apply in the centralised transfer process during the end of IInd Semester. Therefore, it is contended that no prejudice has been caused to the petitioner.
4. A counter affidavit has been filed by the 4th respondent producing Exts.R4(a) to R4(d) documents in support of the contention that, he is beset with personal problems, having to look after his grandmother and uncle who are suffering from various ailments.
5. A statement has been filed on behalf of the 3rd respondent. According to the 3rd respondent, no application has been made by the petitioner pursuant to Ext.P9 seeking transfer. It was only for the said reason, the same was not considered.
6. Heard. A perusal of Ext.P4 shows that the petitioner's request for transfer has not been rejected. She has only been directed to seek institutional transfer at the end of her IInd W.P.(C)No.8436 of 2014 4 Semester, in accordance with the procedure that is stipulated. It is not in dispute that the petitioner had not produced a no-objection certificate from the College of Engineering, Chengannur and from the 5th respondent showing that vacancies were available. The 3rd respondent University has stated that, no application for transfer was submitted by the petitioner pursuant to Ext.P9. The resultant situation therefore is that, no proper application supported by necessary documents was submitted by the petitioner. In spite of the above, what has been communicated by Ext.P4 is only that, she would have to apply at the end of her IInd Semester for transfer through a centralised student transfer process. The said option is still open to the petitioner. The transfer granted to the 4th respondent as seen from the records Exts.R4(a) to R4(d) cannot be found fault with for the reason that the same was on compassionate grounds. It is submitted that the said student is undergoing his course in the 5th respondent's College having joined the said institution. Therefore, I do not find any grounds to interfere with the transfer granted to the 4th respondent. In fact, no such prayer is also made in the writ petition.
For the above reasons, I do not find any grounds to grant any of the reliefs sought for in this writ petition except to observe that the petitioner shall be at liberty to apply afresh for a transfer at the appropriate time in accordance with the procedure that is stipulated W.P.(C)No.8436 of 2014 5 by Ext.P4 communication. Accordingly, this writ petition is dismissed.
Sd/-
K.SURENDRA MOHAN, JUDGE.
AV