Kerala High Court
Ali Salama College Of Optometry And ... vs The Regional Transport Officer on 21 March, 2016
Author: A.M.Shaffique
Bench: A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
MONDAY, THE 21ST DAY OF MARCH 2016/1ST CHAITHRA, 1938
WP(C).No. 38017 of 2015 (B)
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PETITIONER(S):
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ALI SALAMA COLLEGE OF OPTOMETRY AND MANAGEMENT STUDIES,
REPRESENTED BY THE PRINCIPAL,
SOUTH BAZAR, KANNUR-670002.
BY ADVS. SRI.P.K.IBRAHIM
SMT.K.P.AMBIKA
SMT.A.A.SHIBI
SRI.A.L.NAVANEETH KRISHNAN
RESPONDENT(S):
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THE REGIONAL TRANSPORT OFFICER,
KANNUR-670001.
BY SENIOR GOVERNMENT PLEADER SRI.P.M.SANEER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
21-03-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
PJ
WP(C).No. 38017 of 2015 (B)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1 : TRUE COPY OF THE GO(P)15/2010/TRAN DT.6-3-2010.
P2 : TRUE COPY OF THE GOVERNMENT ORDER DT.11-2-2011
PUBLISHED IN KERALA GAZETTE.
P3 : TRUE COPY OF THE GO(P)65/2012/TRANS DT.9-11-2012.
P4 : TRUE COPY OF THE LIST OF STUDENTS DT.29-1-2014
REGISTERED FOR BSC OPTOMETRY IN THE ACADEMIC
YEAR 2013-14.
P4A : TRUE COPY OF THE LIST OF STUDENTS DT.19-12-14
REGISTERED FOR BSC OPTOMETRY IN THE ACADEMIC
YEAR 2014-15 IN BHARATIYAR UNIVERSITY.
P5 : TRUE COPY OF THE LETTER DT.8-5-15 OF THE
PRINCIPAL OF THE COLLEGE.
P6 : TRUE COPY OF THE COMMUNICATION OF THE RTO KANNUR,
TO THE PRINCIPAL OF THE PETITIONER COLLEGE
DT.20-7-15.
P7 : TRUE COPY OF THE REPRESENTATION MADE TO THE
PRINCIPAL BY THE PTA PRESIDENT.
RESPONDENT(S)' EXHIBITS
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NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
A.M.SHAFFIQUE, J
* * * * * * * * * * * *
W.P.C.No.38017 of 2015
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Dated this the 21st day of March 2016
J U D G M E N T
Petitioner has approached this Court alleging that no concession is being offered to the students of the petitioner institution though student concession for transportation is being granted by the Government for almost all the students. Reference is made to Ext.P3 notification dated 09/11/2012. However, petitioner's application has been rejected as per Ext.P6 dated 20/07/2015 stating that the course conducted by the College is not recognised by the University of Kerala. The contention urged by the petitioner is that no such restriction can be imposed especially on account of the fact that student concession has to be availed by all students who are studying in various institutions. Even student concession is offered to students undertaking parallel studies.
Having regard to the aforesaid factual situation, I am of the view that the matter requires reconsideration. Accordingly, this writ petition is disposed of as under:
W.P.C.No.38017/2015 2
i) Ext.P6 is set aside.
ii) Petitioner shall submit a fresh application to the Regional Transport Officer who shall consider the same and pass necessary orders in accordance with law within a period of four weeks from the date of receipt of a copy of this judgment.
(sd/-)
(A.M.SHAFFIQUE, JUDGE)
jsr
//True Copy// PA to Judge