Merlin Shajan vs University Of Kannur
2023 Latest Caselaw 11290 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
                       WP(C) NO. 33769 OF 2023


PETITIONER:

          MERLIN SHAJAN
          AGED 21 YEARS, D/O P.SHAJAN,
          PORATHOOKARAN HOUSE, SHAPPINKUNNU,
          PULPATTA.P.O., MALAPPURAM, PIN - 676123

          BY ADVS.
          A.RAJASIMHAN
          VYKHARI.K.U



RESPONDENTS:

    1     UNIVERSITY OF KANNUR
          REPRESENTED BY ITS REGISTRAR
          CIVIL STATION P.O.,
          KANNUR, PIN - 670002

    2     HEAD OF THE DEPARTMENT
          SCHOOL OF LEGAL STUDIES,
          MANJESWARAM.P.O., KASARGOD, PIN - 671323

    3     COMMISSIONER OF ENTRANCE EXAMINATIONS
          5TH FLOOR, KSHB BUILDING, SS KOVIL ROAD,
          STATUE.P.O., THIRUVANANTHAPURAM, PIN - 69500

    4     PRINCIPAL, GOVT. LAW COLLEGE
          COLLEGE.P.O., ERNAKULAM, PIN - 682035

          SMT.NISHA BOSE, SR.GOVT.PLEADER
          SRI.I.V.PRAMOD, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 33769 OF 2023
                                     2



                               T.R. RAVI, J.
                --------------------------------------------
                       W. P. (C). No.33769 of 2023
                 --------------------------------------------
                 Dated this the 27th day of October, 2023

                               JUDGMENT

See orders dated 13.10.2023 and 18.10.2023. When the case is

taken up, the counsel for the 2 nd respondent submitted that the petitioner

had been admitted in the College provisionally and was not the regular

student and hence no Transfer Certificate can be issued by the 2nd

respondent. It is further submitted that all the documents which were

produced for the purpose of getting the provisional admission had been

returned to the candidate. In the above circumstances, the direction

issued on 18.10.2023 has become unworkable.

The writ petition is hence disposed of directing the 4 th respondent to

admit the petitioner based on Ext.P4 Transfer Certificate issued by the

N.S.S. Higher Secondary School, Manjeri and endorsed by the University

of Calicut and without insisting on any Transfer Certificate from the 2 nd

respondent. Necessary orders shall be issued within two weeks from

today.

Sd/-

T.R. RAVI JUDGE Pn WP(C) NO. 33769 OF 2023

APPENDIX OF WP(C) 33769/2023

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE CONSOLIDATED GRADE CARD ISSUED BY THE CONTROLLER OF EXAMINATIONS ON 9-6-2023

Exhibit P2 TRUE COPY OF THE PROVISIONAL CERTIFICATE DATED 9-6-2023 ISSUED BY CONTROLLER OF EXAMINATIONS

Exhibit P3 TRUE COPY OF THE SELECTION MEMO DATED 22-7-2023 ISSUED TO THE PETITIONER BY THE REGISTRAR OF THE 1ST RESPONDENT UNIVERSITY

Exhibit P4 TRUE COPY OF THE TRANSFER CERTIFICATE DATED 27-7-2020 ISSUED FROM THE N.S.S. HIGHER SECONDARY SCHOOL, MANJERI

Exhibit P5 TRUE COPY OF THE E-RECEIPTS DATED 14-8-2023 ISSUED FROM THE KANNUR UNIVERSITY

Exhibit P6 TRUE COPY OF THE E-RECEIPTS DATED 14-8-2023 ISSUED FROM THE KANNUR UNIVERSITY

Exhibit P7 TRUE COPY OF THE PRINTOUT OF THE EPAYMENT MADE TO THE SCHOOL OF LEGAL STUDIES ON 9-8- 2023

Exhibit P8 TRUE COPY OF THE EMAIL ON 2-9-2023 SENT BY THE PETITIONER

Exhibit P9 TRUE COPY OF THE LETTER ISSUED TO THE PETITIONER ON 27-9-2023 BY THE 3RD RESPONDENT

Exhibit P10 TRUE COPY OF THAT UNDATED COURSE AND CONDUCT CERTIFICATE ISSUED BY THE 2ND RESPONDENT

Exhibit P11 TRUE COPY OF THE CANDIDATE'S DATA SHEET OF THE PETITIONER