Citation : 2022 Latest Caselaw 1471 Ker
Judgement Date : 2 February, 2022
WP(C) NO. 3446 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 2ND DAY OF FEBRUARY 2022 / 13TH MAGHA, 1943
WP(C) NO. 3446 OF 2022
PETITIONER/S:
SOORYA GAYATHRI S.,
AGED 19 YEARS,
D/O. LOLA K.B., KRISHNA KRIPA,
PACHALAM P.O., ERNAKULAM,
PIN - 682 012.
BY ADV T.N.SREEKALA
RESPONDENTS :
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
HIGHER EDUCATION DEPARTMENT, STATE SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 MAHATMA GANDHI UNIVERSITY
REPRESENTED BY ITS REGISTRAR,
PRIYADARSINI HILLS P.O., KOTTAYAM, PIN - 686 560.
3 SREE NARAYANA LAW COLLEGE
PUTHENKAVU, POOTHOTTA P.O.,
ERNAKULAM, PIN - 682 307,
REPRESENTED BY ITS PRINCIPAL.
4 GOVERNMENT LAW COLLEGE
MARINE DRIVE, ERNAKULAM, PIN - 682 011,
REPRESENTED BY ITS PRINCIPAL.
BY SRI. SURIN GEORGE IPE, SC
SRI. ARUN AJAY SHANKER, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 3446 OF 2022 2
JUDGMENT
The petitioner states that she is pursuing her 3rd semester BBA LLB
(Honours) course in the Sree Narayana Law College, Poothotta, a private self
financing college, affiliated with the M.G. University. She states that she has
preferred Ext.P1 application before the 2nd respondent seeking intercollegiate
transfer of the seat from Sree Narayana Law College, Poothotta to Government
Law College, Ernakulam. The grievance of the petitioner is that the application
has not been considered to date. It is in the afore circumstances, the petitioner
is before this Court seeking directions.
2. When this matter was taken up, Smt. Sreekala T.N., the learned
counsel appearing for the petitioner submitted that, for the time being, the
petitioner would be satisfied if directions are issued to the 2nd respondent to
consider Ext.P1 and take a decision in an expeditious manner.
3. The learned Standing Counsel appearing for the respondent University
submitted that the University has already passed Ext.P2 general order.
However, it is submitted that if the limited request of the petitioner is for an
expeditious consideration of Ext.P1, on its merits, they would not stand in the
way.
4. After having carefully evaluated the contentions raised in this writ
petition, the submissions made across the Bar and the facts and circumstances,
I am of the view that this writ petition can be disposed of by issuing the
following directions:
a) Without expressing any opinion on the merits of the assertions
made in the representation there will be a direction to the 2nd
respondent to take up, consider and pass appropriate orders on
Ext.P1, after affording an opportunity of being heard, either
physically or virtually, to the petitioner herein or her authorised
representative.
b) Orders, as directed above, shall be passed expeditiously, in any
event, within a period of one month from the date of production of
a copy of this judgment.
c) It would be open to the petitioner to produce a copy of the writ
petition along with the judgment before the concerned respondent
for further action.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE NS
APPENDIX OF WP(C) 3446/2022
PETITIONER(S) EXHIBITS :
EXHIBIT P1 TRUE COPY OF REPRESENTATION DATED 12.01.2022 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT UNIVERSITY.
EXHIBIT P2 TRUE COPY OF THE ORDER NO.6905/AC A5/2021/M.G.U., DATED 09.12.2021, ISSUED BY THE 2ND RESPONDENT UNIVERSITY.
EXHIBIT P3 TRUE COPY OF THE SYLLABUS FOR B.COM LLB (HONOURS), DEGREE COURSE, DOWNLOADED FROM THE OFFICIAL WEBSITE OF THE 2ND RESPONDENT UNIVERSITY.
EXHIBIT P4 TRUE COPY OF THE SYLLABUS FOR BBA, LLB (HONOURS), DEGREE COURSE, DOWNLOADED FROM THE OFFICIAL WEBSITE OF THE 2ND RESPONDENT UNIVERSITY.
RESPONDENT(S) EXHIBITS : NIL
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