Kerala High Court
Babu K N vs The Registrar on 21 May, 2024
WPC.No.17266/24 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 17266 OF 2024
PETITIONER:
BABU K.N,
AGED 61 YEARS,
KURUVATH HOUSE, 124A, PARWA POKKALAM, TEMPLE
ROAD, PADIVATTOM EDAPALLY COCHIN, PIN - 682 024.
BY ADVS.
SREELAL N.WARRIER
B.RAGHUNANDANAN
RESPONDENTS:
1 THE REGISTRAR,
MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS
P.O., KOTTAYAM, PIN - 686 560.
2 THE PRINCIPAL,
GOVERNMENT LAW COLLEGE, ERNAKULAM, PIN - 682 011.
3 THE PRINCIPAL,
GOVERNMENT LAW COLLEGE, THRISSUR, PIN - 680 003.
ADV.SURIN GEORGE IPE- SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WPC.No.17266/24 2
JUDGMENT
The petitioner, who is now studying in the 3 rd respondent
College, namely Govt.Law College, Thrissur has approached this
Court seeking the following reliefs:
"1. Issue a writ of mandamus or any other appropriate
writ, directing the 1st and 2nd respondents to admit the
petitioner into one of the vacancies currently available
for the 2nd semester LLB course 2023-2024 at the
Government Law College, Ernakulam.
2. Issue a writ of mandamus or any other
appropriate writ, directing the 3rd respondent to
promptly issue an order relieving the petitioner from
Government Law College, Thrissur.
3. Issue a writ of mandamus or any other
appropriate writ, facilitating the transfer of the
petitioner from Government Law College, Ernakulam,
which falls under MG University, Ernakulam.
4. Grant any other relief deemed fit and proper by
this Hon'ble Court under the circumstances of the
case.
5. To dispense with the filing of English Translation of
Malayalam documents."
2. Grievance of the petitioner is as follows:
As per Ext.P1, the petitioner got admission to three year
LLB course through the centralized examination and allotment
Scheme of Government of Kerala, in the 3 rd respondent
Government Law College. The petitioner is a person having a
degree in Mechanical Engineering and is aged 61 years and he
joined LLB course due to his passion for learning law. However,
consequent to an accident met by him, he suffered ligament
fracture on the left knee, which makes the journey from
Ernakulam, where he is residing, to Thrissur, the place where
the college is situated, very difficult. It is also the case of the
petitioner that, as of now, there are three vacancies available in
Government Law College, Ernakulam, which information was
obtained as per Ext.P2. In such circumstances, the petitioner
submitted Ext.P3 request before the 3 rd respondent. Since
there was no action on the same, this writ petition was
submitted by him.
3. Heard Sri.Sreelal Warrier, learned counsel for the
petitioner and Sri.Surin George Ipe, learned counsel for the 1 st
respondent.
4. The learned counsel for the petitioner while asserting
the factual circumstances, on the basis of which he is seeking
the relief, also relied on Ext.P4 to P6 judgments rendered by
this Court in similar circumstances. On the other hand, the
learned Standing Counsel for the University pointed out that,
the request for the transfer of the petitioner from Thrissur to
Ernakulam cannot be entertained as the Universities are
different and consequently the syllabus also will be different.
Therefore, this would create unnecessary confusion and
difficulties in pursuing the course.
5. However, the learned counsel for the petitioner
submits that the petitioner is willing to attend all the
examinations which are being conducted by the 1 st respondent
University, to which the 2nd respondent college is affiliated to,
and shall clear all the said examinations. The learned counsel
for the petitioner also brought the attention of this Court to the
observations made in Ext.P4 to P6 judgments wherein the very
same question was considered by this Court and on the basis of
the undertaking given by the petitioners therein, the transfer
was allowed.
6. After considering all the relevant aspects, including
the observations made by this Court in Ext.P4 to Ext.P6
judgments, I am of the view that the prayer sought by the
petitioner can be considered, taking note of the peculiar facts
and circumstances in this case, including that petitioner is a
person aged 61 years, who had suffered serious ligament
fracture on his left knee which made the journey from
Ernakulam to Thrissur difficult. It is also an undisputed fact
that there are vacancies in the 2 nd respondent college to
accommodate the petitioner.
7. In such circumstances, the 3rd respondent is directed
to take up Ext.P3 application and the Transfer certificate shall
be issued to the petitioner. Thereafter, the petitioner shall be at
liberty to make an application before the 2 nd respondent for
admission and thereupon he shall be accommodated in the
vacancy available. This shall be subject to the condition that, on
being so accommodated, the petitioner shall be under an
obligation to appear for all the examinations including internal
examination. With the above observations, this writ petition is
disposed of. It is clarified that this order has been issued in the
peculiar facts and circumstances of this case and therefore, this
cannot be treated as a precedent.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/22.5.24
APPENDIX OF WP(C) 17266/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ADMISSION SLIP DATED
06.10.2023
Exhibit P2 TRUE COPY OF THE COMMUNICATION DATED
15.04.2024
Exhibit P3 TRUE COPY OF THE TRANSFER REQUEST DATED
15.04.2024
Exhibit P4 TRUE COPY OF THE JUDGMENT DATED
07.08.2015
Exhibit P5 TRUE COPY OF THE JUDGMENT DATED
01.10.2021
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED
04.07.2022
