Keerthana.T.S. v. Sree Ernakulathappan College Of Engineering And Management

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 8TH DAY OF APRIL 2015/18TH CHAITHRA, 1937 WP(C).No. 8473 of 2015 (H) ----------------------------------------- PETITIONER(S):

-------------------------- KEERTHANA.T.S, AGED 19 YEARS, D/O.SURENDRAN, THANDIAKAL HOUSE, CHERUVATHERY, CHEVOOR P.O., PIN-680 027.

BY ADV. SRI.V.C.MADHAVANKUTTY RESPONDENT(S) :

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1. SREE ERNAKULATHAPPAN COLLEGE OF ENGINEERING AND MANAGEMENT, INCHAKUNDU P.O, MUPLIYAM VILLAGE, THRISSUR, PIN- 680 312, REPRESENTED BY PRINCIPAL.

2. CALICUT UNIVERSITY, P.O.THENJIPALAM, REPRESENTED BY REGISTRAR - 679 001. * ADDITIONAL R3 IMPLEADED

3. THE DIRECTOR, DIRECTORATE OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM- 695 001.

* ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED 08.04.2015 IN I.A.NO.5174 OF 2015.

R1 BY ADV. SRI.P.RAHUL R2 BY ADV. SRI.SANTHOSH MATHEW, S.C.

R3 BY GOVERNMENT PLEADER SRI.MANOJ KUJACHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-04-2015, ALONG WITH W.P.(C).NO.8529 OF 2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 8473 of 2015 (H) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:

TRUE COPY OF THE ACADEMIC FEES RECEIPT DATED 31/07/2014 FOR AN AMOUNT OF RUPEES 27500/- ISSUED FROM THE 1ST RESPONDENT COLLEGE.

EXT.P2:

TRUE COPY OF THE APPLICATION FILED BEFORE THE PRINCIPAL OF THE 1ST RESPONDENT COLLEGE DATED 20/02/2015. EXT.P3:

TRUE COPY OF THE REPLY ISSUED BY THE FIRST RESPONDENT

IN THE NAME OF THE PETITIONER'S MOTHER DATED 25/02/2015.

RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

K.VINOD CHANDRAN, J - - - - - - - - - - - - - - - - - - - - W.P.(C).Nos. 8473 & 8529 of 2015 - - - - - - - - - - - - - - - - Dated 8th April, 2015 - - - - - - - - - - - - - - - - - - - - - - - -

JUDGMENT

The petitioners in the above writ petitions are persons who have obtained admission under the Management quota in the 1st respondent College in two different branches of Graduate courses of Engineering. The petitioners seek inter-branch-transfer.

2. The petitioner in W.P.(C).8473 of 2015 is now studying "Computer Science" Engineering and wants a shift to the branch of "Electrical and Electronics" Engineering. The petitioner in W.P.(C).8529 of 2015 is willing to move to the branch of "Computer Science" Engineering; thus conceding his seat in the "Electrical and Electronics" branch to the other petitioner. It is to be noticed that the Management of the 1st respondent has rejected the transfer by Ext.P3.

WP(C)s.8473 & 8529/15 The petitioner seeks to challenge the same under Article 226 of the Constitution of India.

3. It is to be immediately noticed that the 1st respondent is not a 'State' coming under the definition of Article 12 of the Constitution of India and no writ would issue against the 1st respondent.

4. The learned Standing Counsel appearing the Calicut University submits that the University has no role in the matter to play since the admissions are made as per the prospectus issued by the additional 3rd respondent, the Director of Technical Education.

5. In any event, the petitioners having obtained seats in the Management quota in the 1st respondent College, will have to concede to the orders passed by the 1st respondent in the event

WP(C)s.8473 & 8529/15 of there being no Regulation permitting such transfer.

The writ petitions would stand dismissed.

Sd/- K.VINOD CHANDRAN Judge Mrcs //True Copy//