High Court of KeralaSingle Judge2021-12-02Dismissed

Heerabai C.R. v. State of Kerala and others

Case / Petition Number:WP(C) NO. 27511 OF 2021

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Amit Rawal
Judgment Date: 2021-12-02
Court Decision / Holding: Writ petition is accordingly dismissed.
Final Disposition: Dismissed

Parties to the Case

Appellants / Petitioners

Heerabai C.R.

Respondents

State of Kerala
The Commissioner for Entrance Examinations
The Principal, Government Law College, Ayyanthol, Thrissur 680 003
University of Calicut
Vice Chancellor, University of Calicut

Legal Representation & Advocates

Counsels for Petitioners

• P. Mohandas (ErnaKulam)
• K. Sudhinkumar
• N. L. Bitto

Counsels for Respondents

• Sr GP Sri K R Ranjith
• Sri P C Sasidharan SC

Case Synopsis & Summary

In this Kerala High Court writ petition, Heerabai C.R. challenges an order (Ext. P11, 5 November 2021) of the Calicut University denying her request to transfer from a self‑financing law college to a government law college. After securing admission through the entrance test, she enrolled in Al-Ameen Law College, Shoranur, about 58 kilometers from her home, creating hardship in daily commuting. She sought transfer to a nearer government college in Thrissur district, arguing that 10% spot admissions were available per a 23 November 2020 notice and that she should be eligible for admission under that provision. She contends prior attempts at relief—including a petition at W.P.(C) 24271/21, later withdrawn—should not bar an opportunity to pursue transfer under Calicut University’s First Ordinance, 1978. The Ordinance permits transfer with written consent of the current Principal, written promise of admission from the receiving college, and a certificate of satisfactory progress and good conduct. The petitioner argued there is no Government policy preventing transfers and that the University’s refusal is without lawful basis. The University, however, maintained that policy approval from the Government is a prerequisite for such transfers, and Ext. P11 was rightly issued. After hearing arguments and reviewing the material, the court held that while the University’s Ext. P11 cannot be sustained in isolation absent a Government policy, the Government’s policy decision is essential; accordingly, the writ petition was dismissed.

Provisions of Law Cited

Calicut University First Ordinance, 1978Clause 3 of Chapter III, Calicut University First Ordinance, 1978Kerala University Act, 1974First Statute and Regulations (Kerala University)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that transfer from a self-financing law college to a government law college is essential due to hardship in commuting from Porathissery, Irinjalakkuda to the Al-Ameen College in Shoranur. After entrance test, the petitioner secured admission in a distant college; Ext. P3 notice (23.11.2020) announced 10% spot seats; Ext. P4 representation sought to participate in spot admissions. The petitioner notes earlier W.P.(C) 24271/21 was dismissed with liberty to file a fresh petition. Calicut University First Ordinance, 1978, Clause 3, permits transfer with consent from the current college and written promise of admission from the receiving college, with progress and conduct certificates. It is argued that there is no policy preventing such transfer; Ext. P11 denying the transfer on 5.11.2021 is unsustainable absent government policy; The government policy decision is necessary, and the university cannot compel a transfer.

Contentions of Respondents

The respondents, represented by the State authorities, contend that transfer from self-financing to government colleges is a policy matter requiring Government decision. Calicut University First Ordinance provides transfer procedures but does not mandate a transfer between college categories; the impugned Ext. P11 relies on the lack of government policy and is consistent with current policy. The court is urged to uphold the university's decision to withhold transfer until Government policy is clarified.

Cited Precedents (3)

Case Name	Citation	Treatment	Explanation
Kerala University v. Sankaran Nampoothiry	W.A. No. 940 & 989 of 2004, decided on 17-12-2004	Positive	The judgment cites this case to note there is no distinction between education in aided vs unaided colleges and to indicate that Ext.P11's transfer decision would be unsustainable per that precedent.
W.P.(C) 228/2020	W.P.(C) 228/2020	Mentioned Only	Referenced as a prior writ petition; no direct binding principle invoked in the present decision.
WPC 24271/2021	WPC 24271/2021	Mentioned Only	The judgment notes that the earlier writ petition was dismissed as withdrawn with liberty to file a fresh petition; cited through Exhibit P12.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE AMIT RAWAL** **THURSDAY, THE 2[ND] DAY OF DECEMBER 2021 / 11TH AGRAHAYANA, 1943** ## **WP(C) NO. 27511 OF 2021** **PETITIONER/S:** HEERABAI C.R., KOLATHAPULLY HOUSE, PORATHISSERY, IRINJALAKKUDA NORTH, THRISSUR 680 125. BY ADVS. P.MOHANDAS (ERNAKULAM) K.SUDHINKUMAR N.L.BITTO **RESPONDENT/S:** 1 STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF HIGHER EDUCATION, 4TH FLOOR, ANNEX II, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 1. 2 THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, OFFICE OF THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, FIFTH FLOOR, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM 695 001. 3 THE PRINCIPAL, GOVERNMENT LAW COLLEGE, AYYANTHOLE P.O. THRISSUR 680 003 4 UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR, CALICUT UNIVERSITY P.O. THENHIPALAM, MALAPPURAM 673 635. 5 VICE CHANCELLOR, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., THENHIPALAM, MALAPPURAM 673 635. ## **OTHER PRESENT:** SR GP SRI K R RANJITH , SRI P C SASIDHARAN SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **WP(C) NO. 27511 OF 2021** **2** ## **JUDGMENT** Order Ext.P11 dated 5.11.2021, the decision of the Syndicate of the University in not permitting the request for transfer from Self-financing law colleges to Govt. law colleges has been challenged in the present writ petition. 2. After having undertaken the entrance test, secured an admission in Al-Ameen Law College, Shoranur (which has not been impleaded as a necessary party in the party array). At the moment he is undergoing the 2[nd] year and has to take 3[rd] semester examination. 3. Learned counsel appearing on behalf of the petitioner submits that he is a native of Porathissery, Irinjalakkuda in Thrissur District whereas the Al Ameen College, Shoranur is at a distance of more than 58 kilometers from her house. As it is very arduous and difficult to travel to the college on every day as he was hoping for an admission to the near by Law Colleges in Thrissur District. A Notice on behalf of Government College dated 23.11.2020 was published intimating the spot admission for 10% additional seats sanctioned by the Bar Council. It was also **WP(C) NO. 27511 OF 2021** **3** stated in the notice that only those persons who included in the rank list and not secured admissions alone were eligible for admission. Vide representation dated 25.11.2020, Ext.P4, petitioner requested the Principal, Government Law College for permission to participate in the spot admission proceedings. It is contended that the aforementioned College did not grant the admission related to challenge in this Court vide W.P.(C) No.24271/21. The same was dismissed as withdrawn on 1.12.2021 with a liberty to file fresh writ petition. As per Ext.P5 dated 10.7.21 various seats in Thrissur Government College were vacant for Academic Year 2021-22. In this regard, representation dated 10.7.21 was submitted to the College for considering the submissions. 4. Dehore of that, the Calicut University First Ordinance, 1978 permits a student desirous of transfer from one college to another by submitting an application to the Registrar in the prescribed manner for permission to such transfer which shall be submitted in every case prior to making the desired transfer with a valid reason and the transfer shall apply only during the course of the academic year which shall be accompanied by the written **WP(C) NO. 27511 OF 2021** **4** consent of the Principal of the college in the which the student is studying and the written promise of admission from the Principal of the college which he proposes to join with a certificate of satisfactory progress and good conduct from the Principal of the College. However, the University vide impugned decision dated 5.11.2021 decided not to accept the request for transfer in the absence of policy decision of the Government. A similar controversy arose in this Court in a matter pertaining to University of Kerala v. Sankaran Nampoothiry in a W.A No.940 and 989 of 2004 decided on 17.12.2004 wherein after referring to the relevant provisions of the statutes and the byelaw/ordinances, it was mentioned that there is no distinction whether a student is imparted education in an aided college or unaided college and the only insistence was that he should be a student of a college affiliated to the Kerala University, thus, the decision of the University, Ext.P11 is wholly unsustainable, illegal and erroneous. Number of the vacancies in the Government colleges are laying vacant and there would not be any impediment for the University to permit such transfers. The petitioner is aged 42 years and has two minor children attending school. **WP(C) NO. 27511 OF 2021** **5** 5. I have heard the learned counsel for the parties and appraised the paper book. It would be appropriate to reproduce the impugned order, Ext.P11 as well as clause 3 of Chapter III of the Calicut University First Ordinances,1978. Impugned order Ext.P11: _General&Academic – Faculty of Law -Request for provision for College transfer from self financing Low colleges to Govt. Law colleges in the regulation of LLB programme - Rejected- Resolution of the Academic Council ImplementedOrders issued._ _UON 14256/2021/Adm, Dated Calicut University, P.O 5.11.2021_ _Read-1. Request of Ms Neethu Krishna, dtd 24/02/2021_ _2. UO Note No.9857/GA IV-C3/Admn dated 22/03/2021_ _3. Item No 1 of the minutes of the meeting of BoS Law (UG) held on 6.8.2021_ _4. Item No 11 A of the minutes of the meeting of Faculty of Law held on 06/09/2021_ _5. Item No II G of the minutes of the LXXXII meeting of the Academic Council held on 24/9/2021 and special meeting held on 08/10/2021._ _6. UO Note 68371/GA-IV- E2/2021 /Admn dated 30/10/2021 7. Orders of Vice Chancellor on 02/11/2021 in the File No 9857/GA-IV-C3/2020/Admn_ ## _ORDER_ _1. As per the ref. cited (1) above. Ms Neethukrishna BBA LLB (5 year). Bhavan's Law College. Ramanattukara, had requested for college transfer to Govt law college, Kozhikode in 3rd semester. The application was earlier_ **WP(C) NO. 27511 OF 2021** **6** _rejected by the Principal, Govt Law college, Kozhikode, citing the reason that there is no provision for college transfer between Self financing law colleges to Govt law colleges._ _2. The regulation of LLB programme is silent regarding provision for college transfer between Law colleges. Hence the Vice chancellor directed to seek remarks of the Chariman, Board of Studies Law, on the requests for College transfer from Self financing Law colleges to Govt. law Colleges along with the copy of the petition No. W.P(C) 228/2020 before Hon'ble High Court, which closed the writ petition without issuing any orders for the petitioner, however, leaving her at liberty to approach the University to take any decision on the matter. Accordingly, the details were forwarded to the Chairman, BoS Law (UG) vide ref. (2) above._ _3. The online meeting of the BoS in Law (UG) discussed the matter in detail and resolved, vide ref cited (3) above, that the request for transfer from Self-financing Law colleges to Govt Law colleges shall not be granted under any circumstances. The meeting also resolved that an amendment of the Regulations so as to incorporate provisions for transfer from Self-financing Law colleges to Govt Law colleges is neither justifiable nor feasible. It was also pointed out that a meeting convened in 2014 by the Addl. Chief Secretary to Govt. had taken a decision that no request for transfer from Self-financing law college to Govt Law college be entertained."_ _4. Vide ref. cited (4), the online meeting of the Faculty of Law resolved to approve the decision of the Board of Studies. The Meeting also resolved that unless and until the Government takes a policy decision regarding transfer from Self-financing law colleges to Govt. law colleges, similar requests as above need not be considered by the University in future._ _5. The LXXXI meeting of the Academic Council held on 24/09/21 approved the Minutes of the meeting of the Faculty of Law held on 05.09.2021 and the minutes of the meeting of the various Board of Studies under the Faculty, vide ref. cited (5) above and the Vice Chancellor has approved the extract of the minutes of the Academic Council held on 24/9/2021 and special meeting held on_ **WP(C) NO. 27511 OF 2021** **7** _8/10/2021, vide ref. cited (6) above._ _6. Sanction has been accorded to implement the resolution of the meeting of the Academic Counc which resolved that the request for transfer from Self-financing Law colleges to Gost Love colleges shall not be granted under any circumstance, and also resolved that unless and unte Government takes a policy decision regarding transfer from Self-financing law colleges to Go colleges, similar requests as above need not be considered by the University in future vide ref, ched (7) above._ Clause 3 of Chapter III of the Calicut University First Ordinance, 1978 _3. Transfer from one College to another.-(1) A student desirous of transfer from one college to another shall apply to the Registrar in the prescribed manner for permission for such transfer. Such applications shall be submitted in every case prior to making the desired transfer and shall furnish valid reasons for the transfer proposed. This Ordinance applies to a transfer during the course of an academic year as well as to a transfer at the end of the academic year._ _(2) An application for a transfer shall invariably be accompanied by:_ _(i) the written consent of the Principal of the college in which the student is studying._ _(ii) the written promise of admission from the Principal of the college which he proposes to join, together with an assurance by him that the student, if the transfer is permitted will be able to continue in his college the course of study already commenced by the student in each subject under each part of the examination; and_ (iii) _a certificate of satisfactory progress and good conduct from the Principal of the college, he is leaving._ **WP(C) NO. 27511 OF 2021** **8** 6. From the perusal of the ordinance, it is no way provided that the transfer would be from an aided College to a Government College. In the cited judgment the controversy involved before this Court was in respect of election to various statutory bodies envisaged under the Kerala University Act, 1974 and First Statute and Regulations. In other words, whether the Principals of the self-financing colleges affiliated to the University were entitled to participate in the election or not. It is on that context, the reasoning was given with regard to the imparting of the education to a student of a particular college affiliated to the University. Even the college in which the petitioner is undergoing the classes has not been made as a party. 7. Be that as it may, there is no consent from the present college. Moreover, it is a policy decision of the Government which has to be taken whereas the University at its own cannot implore its decision upon the Government to permit the transfer from an aided college to the Government college. Various factors at the level of the Government are to be seen for granting such permission. This Court cannot interdict in the decision of **WP(C) NO. 27511 OF 2021** **9** the University for lifting the lien as to why and under what circumstances, it has been taken. In my view, the reasoning assigned do not suffer from any perversity much less illegality warranting interference under Article 226 of the Constitution of India. Writ petition is accordingly dismissed. Sd/- sab **AMIT RAWAL JUDGE** **WP(C) NO. 27511 OF 2021** **10** ## **APPENDIX OF WP(C) 27511/2021** PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SECOND PHASE ALLOTMENT MEMO DATED 09.09.2020. Exhibit P2 TRUE COPY OF THE THIRD PHASE ALLOTMENT MEMO DATED 09.10.2020. Exhibit P3 TRUE COPY OF THE NOTICE NO. C-515/2020 DATED 23.11.2020. - Exhibit P3 (A) TRUE COPY OF ENGLISH TRANSLATION OF EXT. P3. Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 25.11.2020. Exhibit P5 TRUE COPY OF THE ADVERTISEMENT IN MATHRUBHUMI DAILY DATED 10.07.21. - Exhibit P5 (A) TRUE COPY OF ENGLISH TRANSLATION OF EXT. P5. - Exhibit P6 TRUE COPY OF THE REQUEST MADE BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 10.07.21. Exhibit P7 TRUE COPY OF THE APPLICATION FILED UNDER RIGHT TO INFORMATION ACT DATED 30.08.2021 ALONG WITH ENGLISH TRANSLATION. Exhibit P8 TRUE COPY OF THE RELY UNDER RIGHT TO INFORMATION ACT DATED 25.09.21. Exhibit P8(A) TRUE COPY OF ENGLISH TRANSLATION OF EXT. P8. **WP(C) NO. 27511 OF 2021** **11** Exhibit P9 TRUE COPY OF THE ADVERTISEMENT IN MATHRUBHUMI DAILY DATED 26.11.21. Exhibit P9 (A) TRUE COPY OF ENGLISH TRANSLATION OF EXT. P9. Exhibit P10 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER DATED 29.11.2021. Exhibit P11 TRUE COPY OF THE U.O. NO. 14256/2021/ADMN DATED 05.11.2021. Exhibit P12 TRUE COPY OF THE JUDGMENT DATED 01.12.2021 IN WPC NO. 24271/2021.