Kerala High Court
Aysha Shanavas vs Apj Abdul Kalam Technological ... on 11 March, 2022
WP(C) NO. 7900 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 11TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943
WP(C) NO. 7900 OF 2021
PETITIONER:
AYSHA SHANAVAS
AGED 19 YEARS
VELIYATHUKUDIYIL(H),
PAREEKANNI P.O,
NELLIMATTOM, KOTHAMANGALAM, ERNAKULAM-686693.
BY ADVS.
P.SREEKUMAR
SHRI.ASWIN KUMAR M J
SRI.K.ARJUN VENUGOPAL
SMT.HELEN P.A.
SHRI.ARUN ROY
SRI.SHAHIR SHOWKATH ALI
RESPONDENTS:
1 APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY
REPRESENTED BY ITS REGISTRAR, CET CAMPUS,
THIRUVANANTHAPURAM-695016.
2 MAR BASELIOS INSTITUTE OF TECHNOLOGY AND SCIENCE
REPRESENTED BY ITS PRINCIPAL,
MADURAI-DHANUSHKODI ROAD, NELLIMATTOM, ERNAKULAM,
KOTHAMANGALAM,
KERALA-686693.
3 ILAHIA COLLEGE OF ENGINEERING AND TECHNOLOGY,
REPRESENTED BY ITS PRINCIPAL, MULAVOOR P.O,
MUVATTUPUZHA, ERNAKULAM, KERALA-686673.
R1 SRI ELVIN PETER P J, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.03.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 7900 OF 2021 2
JUDGMENT
The petitioner secured admission in the Mar Baselios Institute of
Technology and Science to pursue her Electronics and Communication
Engineering course in the year 2019 under the NRI quota. When she found it
difficult to pursue her education in the College, she decided to seek a transfer
to the Ilahia College of Engineering and Technology, Muvattupuzha, the 3rd
respondent herein.
2. According to the petitioner, when she joined the course in the
year 2019, there were no regulations restricting the intercollegiate transfer
from one college to the other. Reliance is placed on Ext.P2 Norms for Inter-
College Transfer to substantiate her contention. However, after she had
joined, the University came out with Ext.P1 regulations by the name APJ
Abdul Kalam Technological University Academy Regulations for B.Tech 2019.
As per the said regulations, students admitted under NRI/PIO quota are not
eligible for intercollege transfer.
3. The petitioner contends that since her admission was prior to the
coming into force of Ext.P1 regulations, she filed an application before the
2nd respondent College seeking transfer to the 3rd respondent college in the
month of June 2020. Her transfer was approved by the 2nd respondent on
6.7.2020 and the same was accepted by the 3rd respondent on 7.7.2020. On
17.8.2020, the 1st respondent University accepted a sum of Rs.3000/- for
college transfer during the 3rd Semester (2019 scheme) as is evident from
Ext.P4. Immediately thereafter, the 3rd respondent College received a sum
of Rs.3000/- towards the University Exam fee as is evident from Ext.P5.
According to the petitioner, Ext.P6 is the Proforma for Intercollegiate Transfer
S3/S5 of the APJ Abdul Kalam Technological University and according to her,
there is no restriction on Inter college transfer of NRI quota seats. After
joining the 3rd respondent College, the petitioner participated in the classes
and wrote her internal examinations.
4. While so, she has been served with Ext.P7 order, wherein it is
stated that the transfer to the 3rd respondent college is revoked as it is
against Ext.P1 regulations and the petitioner was directed to pursue her
studies in the 2nd respondent college. The said order is under challenge in
this writ petition filed seeking the following reliefs:
(i) Issue a writ of certiorari or any other order calling for the records
leading to Ext.P1 Regularisations and to quash the same to the
extent that it restricts the inter college transfer of NRI students.
(ii) To declare that Ext.P1 Regulations to the extend it prevents inter
college transfer to NRI students is arbitrary, unreasonable as is
violation of Article 14 and 21 of the Indian Constitution.
(iii) Issue a writ of certiorari or any other order or direction calling for
the records leading to Ext.P7 order of the 1st respondent University
and to quash the same.
5. In the statement filed by the learned Standing Counsel appearing
for the 1st respondent, it is stated that as per Ext. R1(a) proceedings which is
dated 17.5.2017, the University has fixed the norms for inter-college transfer.
Subsequent to Ext. R1(a), Ext.P1 regulations were issued and the said
regulations govern B.Tech admissions from 2019 onwards. The regulations
say in unequivocal terms that the students admitted under NRI/PIO are not
eligible for inter-college transfer. As the petitioner is governed by Ext.P1
regulations, the order transferring the petitioner from the 2nd respondent to
the 3rd respondent was revoked. It is stated that Exhibit R1(b) circular was
issued on 25.5.2020 in tune with Exhibit P1 Regulations which relates to Inter
College transfer. Item No.5 in the proforma requires the applicant to state
whether the student has been admitted under the NRI/PIO quota. If the
admission was under NRI/PIO quota, then the student shall not be eligible for
Inter College Transfer. Petitioner would be governed by Annexure-R1(b)
which was uploaded in the University website. In the additional statement
filed by the 1st respondent, it is stated that the students were permitted to
appear for the examinations in the Centre of their choice due to COVID
restrictions. However, the examination registration and other processes have
to be carried out by the institution where the student was originally admitted.
6. I have heard Sri.P.Sreekumar, the learned counsel appearing for
the petitioner and Sri.Elvin Peter, the learned counsel appearing for the 1st
respondent and have considered the submissions advanced.
7. The records reveal that the petitioner was admitted in the 2019-
2020 batch under the NRI quota in the 2nd respondent College. Due to
personal reasons, the petitioner wanted Inter College Transfer to the 3rd
respondent College. Both the transferee college as well as the transferor
college has assented to the transfer and the University has also accepted the
transfer fee as is evident from Ext.P4 dated 17.8.2020. The petitioner has
been pursuing her studies at the 3rd respondent College since then. It was
only on 15.2.2021 that the University has issued Ext.P7 revocation order and
directed the student to pursue her studies at the College where she secured
admission. The petitioner has a case that she was governed by Ext.P2 revised
norms, where there was no restriction in Inter College Transfer insofar as
NRI/PIO Students are concerned. However, there is an express prohibition in
Ext.P1 regulations, which according to the respondents, was published on the
website of the University on 19.5.2020. Ext.P2 became inoperative only after
the issuance of Ext.P1. From the submissions advanced by the learned
counsel appearing for the respondents, it appears that the restriction in
permitting transfer to NRI/PIO Students was imposed due to objection from
the college where the student was initially admitted. In the case on hand,
the 2nd respondent has issued No Objection for Transfer. The admission of
the petitioner being prior to the issuance of Ext.P1 regulations and
considering the fact that neither the 2nd respondent nor the 3rd respondent
had any objection, I am of the view that issuance of Ext.P7 on 15.2.2021
after accepting the transfer fee on Ext.P4 cannot be sustained. A learned
Single Judge of this Court by an interim order dated 26.3.2021 had stayed
the proceedings and the petitioner has been pursuing her studies in the 3rd
respondent college thereafter for almost a year. The University has also
permitted her to appear for the exams and the student has also written the
internal exams conducted by the 3rd respondent College. For the failure of
the institutions to act in terms of the regulations, the student cannot be made
to suffer at this distance in time. If the revocation order is permitted to
stand, it may work out gross injustice and hardship to the student.
Resultantly, in view of the discussion above, the petitioner is entitled to
succeed. Leaving open the challenge raised by the petitioner to Ext.P1
regulations, I quash Ext.P7 order issued by the 1st respondent and direct the
respondents 1 and 3 to permit the petitioner to pursue her education in the
3rd respondent college after regularising the Inter College Transfer.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
IAP
APPENDIX OF WP(C) 7900/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF A.P.J ABDUL KALAM
TECHNOLOGICAL UNIVERSITY ACADEMY
REGULATIONS FOR B.TECH,2019 DATED NIL.
EXHIBIT P2 TRUE COPY OF PERFORMA FOR INTER COLLEGE
TRANSFER DATED NOTIFIED BY THE UNIVERSITY
ON 27/04/2019.
EXHIBIT P3 TRUE COPY OF THE NOTIFICATION
NO.KTU/ASST(ACADEMIC)/2025/2018 DATED
18.05.2020.
EXHIBIT P4 TRUE COPY OF THE PAYMENT TRANSACTION
RECEIPT DATED 17/08/2020.
EXHIBIT P5 TRUE COPY OF THE RECEIPT OF TRANSFER FEE
DATED 18/08/2020 AS OBTAINED FROM THE 3RD
RESPONDENT COLLEGE IN THE NAME OF THE
PETITIONER.
EXHIBIT P6 TRUE COPY OF THE PERFORMA DATED NIL AS
PUBLISHED IN THE SITE OF THE 1ST
RESPONDENT UNIVERSITY ON 22ND MAY 2020.
EXHIBIT P7 TRUE COPY OF THE ORDER
NO.KTU/ASST7(ACADEMIC)/3752/2020 DATED
15.02.2021.
RESPONDENTS' EXHIBITS:
ANNEXURE-R1(a) TRUE COPY OF THE PROCEEDINGS
NO.KTU/AR(ACADEMIC-1)/1509/2016 DATED
17.05.2017 ISSUED BY THE UNIVERSITY
ANNEXURE-R1(b) TRUE COPY OF THE CIRCULAR BEARING
NO.KTU/ASST(ACADEMIC)/2025/2018 DATED
25.05.2020 WAS ISSUED BY THE UNIVERSITY
RELATING TO INTER COLLEGE TRANSFER FROM
2019 ADMISSIONS IN ACCORDANCE WITH EXT.P1
REGULATIONS, WHEREIN A REVISED PROFORMA
FOR INTER COLLEGE TRANSFER FOR B.TECH
S3(2019 ADMISSIONS) WAS INCORPORATED.
