Babu K N vs The Registrar

Kerala High Court

Babu K N vs The Registrar on 21 May, 2024

WPC.No.17266/24                         1

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
  TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                     WP(C) NO. 17266 OF 2024
PETITIONER:

             BABU K.N,
             AGED 61 YEARS,
             KURUVATH HOUSE, 124A, PARWA POKKALAM, TEMPLE
             ROAD, PADIVATTOM EDAPALLY COCHIN, PIN - 682 024.

             BY ADVS.
             SREELAL N.WARRIER
             B.RAGHUNANDANAN



RESPONDENTS:

     1       THE REGISTRAR,
             MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS
             P.O., KOTTAYAM, PIN - 686 560.

     2       THE PRINCIPAL,
             GOVERNMENT LAW COLLEGE, ERNAKULAM, PIN - 682 011.

     3       THE PRINCIPAL,
             GOVERNMENT LAW COLLEGE, THRISSUR, PIN - 680 003.

             ADV.SURIN GEORGE IPE- SC


      THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   21.05.2024,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WPC.No.17266/24                                 2

                                  JUDGMENT

The petitioner, who is now studying in the 3 rd respondent College, namely Govt.Law College, Thrissur has approached this Court seeking the following reliefs:

"1. Issue a writ of mandamus or any other appropriate writ, directing the 1st and 2nd respondents to admit the petitioner into one of the vacancies currently available for the 2nd semester LLB course 2023-2024 at the Government Law College, Ernakulam.

2. Issue a writ of mandamus or any other appropriate writ, directing the 3rd respondent to promptly issue an order relieving the petitioner from Government Law College, Thrissur.

3. Issue a writ of mandamus or any other appropriate writ, facilitating the transfer of the petitioner from Government Law College, Ernakulam, which falls under MG University, Ernakulam.

4. Grant any other relief deemed fit and proper by this Hon'ble Court under the circumstances of the case.

5. To dispense with the filing of English Translation of Malayalam documents."

2. Grievance of the petitioner is as follows:

As per Ext.P1, the petitioner got admission to three year LLB course through the centralized examination and allotment Scheme of Government of Kerala, in the 3 rd respondent Government Law College. The petitioner is a person having a WPC.No.17266/24 3 degree in Mechanical Engineering and is aged 61 years and he joined LLB course due to his passion for learning law. However, consequent to an accident met by him, he suffered ligament fracture on the left knee, which makes the journey from Ernakulam, where he is residing, to Thrissur, the place where the college is situated, very difficult. It is also the case of the petitioner that, as of now, there are three vacancies available in Government Law College, Ernakulam, which information was obtained as per Ext.P2. In such circumstances, the petitioner submitted Ext.P3 request before the 3 rd respondent. Since there was no action on the same, this writ petition was submitted by him.

3. Heard Sri.Sreelal Warrier, learned counsel for the petitioner and Sri.Surin George Ipe, learned counsel for the 1 st respondent.

4. The learned counsel for the petitioner while asserting the factual circumstances, on the basis of which he is seeking the relief, also relied on Ext.P4 to P6 judgments rendered by this Court in similar circumstances. On the other hand, the learned Standing Counsel for the University pointed out that, the request for the transfer of the petitioner from Thrissur to Ernakulam cannot be entertained as the Universities are WPC.No.17266/24 4 different and consequently the syllabus also will be different. Therefore, this would create unnecessary confusion and difficulties in pursuing the course.

5. However, the learned counsel for the petitioner submits that the petitioner is willing to attend all the examinations which are being conducted by the 1 st respondent University, to which the 2nd respondent college is affiliated to, and shall clear all the said examinations. The learned counsel for the petitioner also brought the attention of this Court to the observations made in Ext.P4 to P6 judgments wherein the very same question was considered by this Court and on the basis of the undertaking given by the petitioners therein, the transfer was allowed.

6. After considering all the relevant aspects, including the observations made by this Court in Ext.P4 to Ext.P6 judgments, I am of the view that the prayer sought by the petitioner can be considered, taking note of the peculiar facts and circumstances in this case, including that petitioner is a person aged 61 years, who had suffered serious ligament fracture on his left knee which made the journey from Ernakulam to Thrissur difficult. It is also an undisputed fact WPC.No.17266/24 5 that there are vacancies in the 2 nd respondent college to accommodate the petitioner.

7. In such circumstances, the 3rd respondent is directed to take up Ext.P3 application and the Transfer certificate shall be issued to the petitioner. Thereafter, the petitioner shall be at liberty to make an application before the 2 nd respondent for admission and thereupon he shall be accommodated in the vacancy available. This shall be subject to the condition that, on being so accommodated, the petitioner shall be under an obligation to appear for all the examinations including internal examination. With the above observations, this writ petition is disposed of. It is clarified that this order has been issued in the peculiar facts and circumstances of this case and therefore, this cannot be treated as a precedent.

Sd/-

ZIYAD RAHMAN A.A. JUDGE DG/22.5.24 WPC.No.17266/24 6 APPENDIX OF WP(C) 17266/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ADMISSION SLIP DATED 06.10.2023 Exhibit P2 TRUE COPY OF THE COMMUNICATION DATED 15.04.2024 Exhibit P3 TRUE COPY OF THE TRANSFER REQUEST DATED 15.04.2024 Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 07.08.2015 Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 01.10.2021 Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 04.07.2022