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2025 Supreme(Online)(Ker) 44354
IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ
ASSIS MM – Appellant
Versus
MAHATHMA GANDHI UNIVERSITY – Respondent
Writ Appeal No. 1568 of 2025 | W.P.(C) No.14541 of 2025
For the Appellants/Petitioners: SHRI.AMARJITH VADUVANKUTY
For the Respondents: SRI. SURIN GEORGE IPE, SC, MG UNIVERSITY
A writ of mandamus can only be granted where there is a clear legal right and statutory obligation, which the petitioner failed to demonstrate for inter-university transfer.
Headnote:(A) Constitution of India - Article 226 - Writ of mandamus - Inter-university transfer - Petitioner sought transfer from Government Law College, Thrissur (affiliated with the University of Calicut) to Government Law College, Ernakulam (affiliated with Mahatma Gandhi University) - No statutory provision supports the transfer claim - Previous judgments referenced lacked consideration of university regulations - Dismissal of writ petition upheld. (Paras 4, 7, 20)
(B) Legal Right - A writ of mandamus can be issued only if there is a statutory duty and failure to discharge it - No legal right established for inter-university transfer in absence of supporting statute. (Paras 17, 18)
(C) Precedent - Earlier judgments mentioned do not constitute binding precedents as they did not involve a proper legal framework or declaration applicable to present case. (Paras 13, 20)
Facts of the case:
The petitioner, aged 62, sought transfer citing medical difficulties and similarity in syllabus between universities, but no statutory provision supported the transfer request, leading to the dismissal of his writ petition.
Findings of Court:
The learned Single Judge was correct in ruling the petitioner failed to show a legal entitlement for the relief sought - previous judgments mentioned were not binding due to lack of statutory grounding and university regulation considerations.
Issues: Whether the petitioner has a legitimate legal claim for inter-university transfer under applicable laws.
Ratio Decidendi: The court affirmed that without specific statutory provisions allowing such transfers, the request cannot be granted regardless of prior cases cited.
Result: Writ appeal dismissed.
| Table of Content |
|---|
| 1. petitioner's background and admission context. (Para 1 , 2 , 3) |
| 2. single judge's reasoning for dismissal. (Para 4) |
| 3. arguments for and against the writ petition. (Para 5 , 6 , 7) |
| 4. analysis of previous case judgments related to inter-university transfer. (Para 8 , 9 , 10 , 11 , 12) |
| 5. observations on precedent and legal obligations. (Para 13 , 14 , 16) |
| 6. legal standards for issuing a writ of mandamus. (Para 17 , 18 , 19) |
| 7. final ruling and dismissal of the appeal. (Para 20) |
JUDGMENT
Anil K. Narendran, J.
The appellant filed W.P.(C)No.14541 of 2025 before this Court invoking the writ jurisdiction under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents, namely, the 1st respondent Mahatma Gandhi University, the 2nd respondent Principal, Government Law College, Ernakulam and the 3rd respondent Principal, Government Law College, Thrissur to admit him in Government Law College, Ernakulam, as expeditiously as possible, within a time frame to be fixed by this Court. Going by the averments in the writ petition, the petitioner, who is a resident of Perumbavoor in Ernakulam District, got admission to three year LLB course in the Government Law College, Thrissur, which is affiliated to the University of Calicut, in the Centralised Allotment Process pursuant to Kerala Law Entrance Examination-2024 conducted by the Commissioner for Entrance Examinations, Kerala, as evident from Ext.P1 allotment memo dated 11.10.2024.
2. While pursuing three year LLB Course in Government Law College, Thrissur, the petitioner submitted Ext.P4 representation dated 04.03.2025 before the 2nd respondent Principal, Government Law College, Ernakulam to furnish information regarding the number of vacancies in the three year LLB Course 2024-27 batch. Based on Ext.P4 application, the petitioner was issued with Ext.P5 reply, wherein it is stated that a total number of 128 students are currently studying three year LLB Course 2024-2027 batch and the number of vacant seats available in that batch is 3. The document marked as Ext.P2 is angiogram report dated 21.07.2015 issued from Kolenchery Heart Institute, when the petitioner was aged 51 years. Ext.P3 is a CT scan report dated 13.04.2018 regarding a medical procedure undergone by the petitioner at the age of 54 years at Aster Medicity, Kochi. The petitioner is presently aged 62 years. In support of the relief sought for in the writ petition, the petitioner relied on Ext.P6 judgment dated 07.08.2015 of a learned Single Judge of this Court in W.P.(C)No.16635 of 2015, Ext.P7 judgment dated 01.10.2021 in W.P.(C)No.8293 of 2021 and Ext.P8 judgment dated 04.07.2022 in W.P.(C)No.20763 of 2022.
3. In the writ petition it is stated that the petitioner, who had undergone heart surgeries and suffering from issues with urinary bladder, as evident from Exts.P2 and P3, has to travel a distance of 80 kilometers from Perumbavoor to reach Government Law College, Thrissur. Since the syllabus for three year LLB Course in Calicut University and Mahatma Gandhi University are similar, in accordance with the mandate and prescription of the Bar Council of India, he may be transferred to Government Law College, Ernakulam to pursue three year LLB course. The petitioner is ready to clear all the internal assessment of the 1st semester. Since the 1st semester examination is yet to commence, admitting the petitioner in Government Law College, Ernakulam will not cause an extra burden to the 1st respondent Mahatma Gandhi University.
4. On 23.05.2025, when W.P.(C)No.14541 of 2025 came up for admission, the learned Single Judge dismissed the writ petition. The reasoning of the learned Single Judge in the second paragraph of that judgment reads thus;
“The learned counsel for the petitioner has not been able to show any provision in the statutes of the two Universities or the Kerala University Act in support of his claim for transfer from Government Law College, Thrissur, to Government Law College,
