Umer Habeebullah T.C vs Calicut University
2024 Latest Caselaw 15826 Ker

Kerala High Court

Umer Habeebullah T.C vs Calicut University on 6 June, 2024

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
         THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
  THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
                   WP(C) NO. 43697 OF 2023
PETITIONER/S:

    1     UMER HABEEBULLAH T.C
          AGED 19 YEARS
          EDAVANA POYIL HOUSE, ALINTHARA, VENNAKODE,
          PUTHOOR, OMASSERY, CALICUT -, PIN - 683582

    2     ADARSH KRISHNAKUMAR
          AGED 19 YEARS
          MULAKKAL HOUSE, P.O. PUTHUKKAD, THRISSUR
          DISTRICT,, PIN - 680301

         BY ADVS.
         J.RAMKUMAR
         K.P.MUJEEB ALI



RESPONDENT/S:

    1     CALICUT UNIVERSITY
          TIRUR- CALICUT ROAD, THENHIPALAM, REPRESENTED BY
          ITS REGISTRAR, PIN - 673635

    2     COMMISSIONER FOR ENTRANCE EXAMINATION
          5TH FLOOR KSHB BUILDING, SS KOVIL RD, SANTHI
          NAGAR, THIRUVANANTHAPURAM, PIN - 695001

    3     PRINCIPAL
          GOVERNMENT LAW COLLEGE, VELLIMADUKUNNU, KOZHIKODE,
          PIN - 673012

    4     PRINCIPAL
          GOVERNMENT LAW COLLEGE, LAW, COLLEGE, ROAD, MADONA
          NAGAR, AYYANTHOLE, THRISSUR., PIN - 680003

    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.C No. 43697 of 2023

                                  2



                           JUDGMENT

Both the petitioners have appeared for Kerala Law Entrance

Examination 2023-2024 and on the basis of their ranks, they were

given admission. The 1st petitioner was allotted with Government

Law College Thrissur whereas the 2nd petitioner was allotted with

Government Law College, Kozhikode. The 1st petitioner is a

resident of Kozhikode whereas the 2nd petitioner is the resident of

Thrissur. As both of them find it difficult to travel all the way from

their respective native places to the college, they intend to have a

mutual transfer. In such circumstances, Ext.P1 and P2 requests

were submitted by the petitioners before the 1 st respondent but

the same was rejected as per Ext.P3. Ext.P3 order was passed by

the 1st respondent solely on the ground that, to consider the

transfer, the applicants must have registered for examination, and

at the time when Exts.P1 and P2 were considered, the registration

for examination did not take place.

2. Today when the matter came up for consideration, it

was submitted by all the learned counsel that, the classes of the

first semester for the petitioners are over, and both of them have

registered for examination. In such circumstances, the

impediment as shown in Ext.P3 is no longer in existence.

Therefore, the request made by the petitioners as evidenced by

Exts.P1 and P2 has to be reconsidered. Therefore, the prayer

sought for in this writ petition can be allowed.

In such circumstances, this writ petition is disposed of by

setting aside Ext.P3, and directing the 1st respondent to reconsider

the requests of the petitioners, provided they submit a fresh

application along with the details of their registration for the

examination, before the 1st respondent. An appication in this

regard shall be submitted within a period of two weeks from today

and thereupon a decision shall be taken and the mutual transfer

be effected, if it is otherwise in order within a period of two weeks

thereafter.

Sd/-

ZIYAD RAHMAN A.A. JUDGE rpk

APPENDIX OF WP(C) 43697/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE REQUEST SUBMITTED BY THE 1ST PETITIONER TO THE 2ND RESPONDENT

Exhibit P2 A TRUE COPY OF THE REQUEST DATED 20.11.2023 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT

Exhibit P3 A TRUE COPY OF THE LETTER DATED 27.11.2023 ISSUED BY THE 1ST RESPONDENT REJECTING THE APPLICATION FOR TRANSFER SUBMITTED BY THE 2ND PETITIONER