Kerala High Court

Aswin Manmathan vs A.P.J Abdul Kalam Technological ... on 2 August, 2021

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                   &
               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
        MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
                           WA NO. 389 OF 2021
 AGAINST THE JUDGMENT IN WP(C) 28534/2020 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:

            ASWIN MANMATHAN,
            AGED 20 YEARS, S/O.MANMATHAN NAIR, KANNEL AARAMOM,
            VADAKKE ANJILIMOODU ROAD,PUTHUPPALLY.P.O,
            KAYAMKULAM, ALAPPUZHA -690 527.

            BY ADVS.
            P.B.SAHASRANAMAN
            SRI.T.S.HARIKUMAR


RESPONDENTS/RESPONDENTS:

    1       A.P.J ABDUL KALAM TECHNOLOGICAL UNIVERSITY,
            CET CAMPUS, ALATHARA ROAD,AMBADY NAGAR,
            THIRUVANANTHAPURAM, KERALA-695 016,
            REPRESENTED BY ITS REGISTRAR.

    2       THE VICE CHANCELLOR,
            A.P.J.ABDUL KALAM TECHNOLOGICAL UNIVERSITY,
            CET CAMPUS,ALATHARA ROAD,AMBADY NAGAR,
            THIRUVANANTHAPURAM, KERALA-695 016.

    3       PRINCIPAL,
            THE BISHOP JEROME INSTITUTE, FATIMA COLLEGE INTERNAL
            ROAD, JAWAHAR NAGAR, KARBALA, KOLLAM, KERALA-691 001.

    4       THE PRINCIPAL,
            COLLEGE OF ENGINEERING, KARUNAGAPPALLY,
            THODIYOOR.P.O, KOLLAM-690 518.

            SRI. ELVIN PETER, SC FOR R1 AND R2,
            SRI. TEK CHAND SR GP


THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02.08.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.A.No.389 of 2021 & I.A.No.1 of 2021
                                           2



                                     JUDGMENT

Dated this the 2nd day of August, 2021

S.Manikumar, C.J.

Considering the facts and circumstances of this case, on 24.2.2021,

we passed a detailed order which reads thus:

"Instant writ appeal is filed by the appellant/writ petitioner challenging the judgment in W.P.(C)No.28534 of 2020 dated 12th January, 2021. Appellant, who is the petitioner in the writ petition, is a student of the 3rd semester B.Tech (Electronics & Communications), enrolled under the 1st respondent University/APJ Abdul Kalam Technological University, in the academic year 2019-

20. Contending, inter alia, that he is suffering from acute Rheumatoid Arthritis and Asthma, appellant requested for inter collegiate transfer from 3rd respondent college (Bishop Jerome Institute, Kollam) to 4th respondent college (College of Engineering, Karunagappally), and the same was recommended by the Principal of 3rd and 4th respondents (Bishop Jerome Institute and College of Engineering respectively). Now the grievance of appellant is that the second respondent/the Vice Chancellor, APJ Abdul Kalam Technological University, has rejected the abovesaid request. Hence, this writ appeal.

2. Appellant preferred W.P.(C)No.19616 of 2020 before this court challenging the rejection of the application for transfer by the University. As per judgment dated 9.10.2020 in W.P. (C)No.19616/2020, the said writ petition has been dismissed as withdrawn with liberty to challenge the regulation.

W.A.No.389 of 2021 & I.A.No.1 of 2021

3. Subsequently, W.P.(C)No.24482/2020 has been filed challenging the Regulation and the same was disposed of on 16.11.2020, directing the appellant to submit a representation before the 2nd respondent/Vice Chancellor. Writ court has also ordered that if any such representation is made, same shall be considered.

4. Pursuant to the directions issued by this court in W.P. (C)No.24482/2020 dated 16.11.2020, APJ Abdul Kalam Technological University, Thiruvananthapuram vide order dated 3.12.2020, which is produced as Ext.P8, rejected the request as hereunder:

"Vide paper cited (5) Sri Aswin Manmathan made a representation to the Vice Chancellor. The student had not produced any supporting documents in the representation submitted. However, the student and the Principals of the colleges concerned were also heard through Video conferencing on 01.12.2020 by the Vice Chancellor and Dean (Academic) of the University.

Since the student had nothing more to offer in the representation read as (5) and in hearing conducted through video conferencing, other than that was already considered by the University and Academic Council, there is no sufficient and convincing ground to over rule the B.Tech Regulations 2019 and resolution of the Academic Council read as (2) above.

Accordingly, the request of the student Sri. Aswin Manmathan for Inter college Transfer to College of Engineering Karunagappally could not be entertained as per norms and is hereby rejected. The Principal of Bishop Jerome College is directed is provide Hostel facility of the Institution to the student, if requested by the student or parent for the same."

5. Aggrieved by Ext.P8 dated 3.12.2020, appellant has filed W.P.(C)No.28543 of 2020. Writ court, vide judgment dated 12.1.2021 passed the following judgment: W.A.No.389 of 2021 & I.A.No.1 of 2021

"7. Having considered the contentions advanced, I find that Exhibit P7 judgment itself takes note of the fact that there is no provision governing transfer from management quota of one self financing college to another. It was in the above circumstances that the Vice Chancellor was directed to consider the representation of the petitioner, not as a matter of right, but as a matter of indulgence. It is stated in Exhibit P8 that the petitioner did not produce any document to show any aggravated health condition which would justify the grant of such transfer. Since admittedly the petitioner has no legal right which stands infringed, I am of the opinion that the prayers as sought for in the writ petition are not liable to be granted. The writ petition fails and the same is accordingly dismissed. "

6. According to learned counsel for the appellant, Ext.P7(10) certificate issued by the Medical Officer, Navagraha Health Care, Kochumuri Ayurvedics reveals that the appellant has been suffering from acute Rheumatoid Arthritis and Asthma, and is undergoing treatment from the said doctor, for six months. The said doctor also advised appellant to avoid long journey and high risk job. According to learned counsel, the University has not considered the said certificate in proper perspective, while considering the request for inter collegiate transfer.

7. According to Sri.Elvin Peter, learned Standing Counsel for the University, the said document is not sufficient, for the reason that it was noted therein that the illness was noticed for six months.

8. At this juncture, learned counsel for the appellant submitted that the appellant has been suffering from acute Rheumatoid Arthritis and Asthma for a long period and supporting documents are also available. It is noted that the treatment undergone by the appellant at Navagraha Health Care, Kochumuri Ayurvedics, is for a W.A.No.389 of 2021 & I.A.No.1 of 2021

period of six months.

Taking note of the above submission, we permit the appellant to make a further representation to the Vice Chancellor, APJ Abdul Kalam Technological University, along with supporting medical documents, to substantiate appellant's chronic illness and treatment, within a period of two weeks from the date of receipt of a copy of this order. If such a representation is received, during the pendency of the writ appeal, the same be considered by the Vice Chancellor, APJ Abdul Kalam Technological University, and pass appropriate orders, without any further delay."

2. I.A.No.1 of 2021 has been filed to accept the documents

marked as Annexure A1 and Annexure A2 on record. The reasons

assigned are as hereunder:

"5. In strict obedience with the interim direction of this Hon'ble Court, this deponent submitted a fresh request before the 2 nd respondent on 02-03-2021 along with the medical certificates. The true photostat copy of the request submitted by this deponent before the 2nd respondent dated 02-03-2021 along with the medical certificates is produced herewith and marked as Annexure A1.

6. But the Registrar of the University mechanically rejected the request of this deponent for a transfer on medical grounds by order dated 03-04-2021. The true photostat copy of the order of the Registrar, A.P.J.Abdul Kalam Technological University dated 03-04-2021 is produced herewith and marked as Annexure A2.

7. The 2nd respondent has not considered Annexure A1 request in W.A.No.389 of 2021 & I.A.No.1 of 2021

its correct perspective by following the true spirit of the interim order of this Hon'ble Court."

3. Annexure A1 series are representations and certificates issued

by the hospitals. The other document referred to in I.A.No.1 of 2021 is

Annexure A2 dated 3.4.2021 which is an order passed by the Registrar,

A.P.J. Abdul Kalam Technological University, Thiruvananthapuram in

compliance with the interim directions dated 24.2.2021.

4. Material on record discloses that, earlier, we permitted the

appellant to make a further representation to the Vice Chancellor of

A.P.J. Abdul Kalam Technological University, Thiruvananthapuram along

with supporting medical documents.

5. Further representation has already been made and that the