Nena Basheer vs Calicut University Rep.By Its ...
2021 Latest Caselaw 13218 Ker

WP(C) NO. 2737 OF 2012             -1-



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR. JUSTICE AMIT RAWAL
         THURSDAY, THE 24TH DAY OF JUNE 2021 / 3RD ASHADHA, 1943
                          WP(C) NO. 2737 OF 2012
PETITIONER:

              NENA BASHEER,
              AGED 25 YEARS,
              D/O.BASHEER, NENA VILLA, CHETTUPUZHA P.O, THRISSUR

            BY ADV SRI.M.VIJAYAKUMAR


RESPONDENTS:

     1        CALICUT UNIVERSITY REP.BY ITS REGISTRAR,
              REPRESENTED BY ITS REGISTRAR,CALCIUT UNIVERSITY,
              CALICUT 673 001

ADDL.2        THE PRINCIPAL,
              PSM COLLEGE OF DENTAL SCCIENCE AND RESEARCH, BY-PASS ROAD,
              AKKIKAVU P.O., THRISSUR DISTRICT - 680 519.

ADDL.3        THE PRINCIPAL,
              GOVERNMENT DENTAL COLLEGE, KOZHIKODE-673008.(ADDITIONAL
              RESPONDENTS 2 & 3 ARE IMPLEADED AS PER ORDER DATED
              08.02.2012 IN IA.NO.1965/12.

ADDL.4        DENTAL COUNCIL OF INDIA,
              REPRESENTED BY THE SECRETARY, KOTLA ROAD,
              NEW DELHI - 110 002.
              (ADDL.R4 IS SUO MOTU IMPLEADED AS PER ORDER DATED
              12.03.2012)




              BY ADVS.
              SRI.SANTHOSH MATHEW, SC, CALICUTY UNIVERSITY
              SRI.ALIAS M.CHERIAN
 WP(C) NO. 2737 OF 2012      -2-



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 2737 OF 2012              -3-



                                JUDGMENT

Grievance expressed in the writ petition in plain and

simple word is for issuance of directions to the

respondents to consider and pass orders on the

representations Exts.P3 to P5 dated 01.11.2010,

03.04.2011 & 14.08.2011, filed by the petitioner whereby

transfer from PSM College of Dental Science and

Research, By-Pass Road, Akkikavu P.O., Thrissur district

has been sought for. This writ petition is pending since its

admission order dated 08.02.2012. During the pendency of

the matter after hearing the parties this Court on

14.03.2012 passed the following order:

"Adv.Sri.Alexander Thomas takes notice on behalf of the additional respondent, Dental Council of India.

The learned Standing Counsel for the Dental Council of India submits that as per regulations applicable, transfer cannot be permitted without passing the first year examination. Therefore, although I am inclined to direct respondents 1 to 3 to take steps to

transfer the petitioner to the 3rd respondent's College, the regulations would stand in the way. The learned Counsel

for the 2nd respondent submits that the 2nd respondent has no manner of ill-will towards the petitioner and the

2nd respondent is prepared to give the petitioner every opportunity to attend classes and write the first year examination so that after passing the examination, she

can seek transfer to the 3rd respondent's College.

In the above circumstances, without prejudice to the right of the petitioner to attend classes, after satisfying the required attendance to write her first year

examination, pass the 1st year examination and then apply for transfer, I adjourn this writ petition."

2. The aforementioned order reveals that the

prayer of the petitioner for transfer could not be

entertained in view of the regulations, however the

petitioner was given liberty to write the first year

examination, so that after passing the examination she

could seek transfer to the 3rd respondent college strictly

as per the regulations.

In view of the aforesaid, no further cause of action

survives as this court made it clear that though it is not

permitted in view of the provisions of the regulations, the

petitioner can always seek the transfer after having

cleared the first year examination. Writ petition is

accordingly dismissed.

Sd/-

AMIT RAWAL JUDGE

vv

APPENDIX OF WP(C) 2737/2012

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPLICATION PREPARED BY THE COLLEGE.

Exhibit P2 TRUE COPY OF THE JUDGMENT IN WPC NO.

27516/2009 DATED 19.10.2009.

Exhibit P3 TRUE COPY OF THE REPRESENTATION BEFORE THE RESPONDENT DATED 1.11.2010.

Exhibit P4 TRUE COPY OF THE REPRESENTATION TO THE RESPONDENT DATED 3.4.2011.

Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF THE PROSPECTUS FOR ADMISSION TO PROFESSIONAL DEGREE COURSES.

RESPONDENT EXHIBITS

Exhibit R2-1 TRUE COPY OF APPLICATION DATED 10.10.2007

Exhibit R2-2 TRUE COPY OF MEDICAL CERTIFICATE DATED 10.10.2007.

Exhibit R2-3 TRUE COPY OF THE ANOTHER MEDICAL CERTIFICATE DATED 16.10.2007.

Exhibit R2-4 TRUE COPY OF LETTER DATED 27.11.2007.

Exhibit R2-5 TRUE COPY OF MEDICAL CERTIFICATE DATED 16.1.2008.

Exhibit R2-6 TRUE COPY OF MEDICAL CERTIFICATE DATED 16.5.2008.

Exhibit R2-7 TRUE COPY OF COVERING LETTER DATED 22.9.2008.

Exhibit R2-8 TRUE COPY OF LETTER DATED 6.3.2009.

Exhibit R2-9 TRUE COPY OF APPLICATION FOR TC DATED 22.9.2009.

Exhibit R2-10 TRUE COPY OF THE JUDGMENT DATED 19.10.2009 IN WRIT PETITION NO. 27516 OF 2009.

Exhibit R2-11 TRUE COPY OF THE LETTER DATED 4.11.2009.

Exhibit R2-12 TRUE COPY OF COMMUNICATION DATED 4.11.2009.

Exhibit R2-13 TRUE COPY OF LETTER DATED 13.11.2009 WRITTEN TO THE REGISTRAR.

Exhibit R2-14 TRUE COPY OF LETTER DATED 13.11.2009 WRITTEN TO COMMISSIONER FOR ENTRANCE EXAMINATION.

Exhibit R2-15 TRUE COPY OF THE JUDGMENT DATED 3.2.2010 IN WPC NO. 34651 OF 2009.

Exhibit R2-16 TRUE COPY OF LETTER NO. PDMDC/AE-UNI-

04/02-10 DATED 23.2.2010.

Exhibit R2-17 TRUE COPY OF THE INTERNAL ASSESSMENT MARK.

Exhibit R2-18 TRUE COPY OF RELEVANT PORTION OF THE PROSPECTUS.

Exhibit R2-19 TRUE COPY OF RELEVANT PORTIONS OF THE RULE OF THE DENTAL COUNCIL OF INDIA.