The court affirmed the right of students to seek inter-university transfers under compassionate grounds, ensuring adherence to procedural fairness.

JUDGMENT

Petitioner is a student of the Government Law College, Thrissur, and she was allotted a seat in the first allotment itself while retaining her higher option for the Government Law College, Ernakulam. However, petitioner alleges that she was denied her legitimate claim in the vacancy allotment process due to a mistake in the allotment of seat to another candidate. Subsequently, petitioner approached this Court in W.P.(C) No.33943 of 2025, and by judgment dated 15.09.2025, this Court directed the Authorities to consider sympathetically her application, if any vacancy is available in the Government Law College, Ernakulam, especially considering the fact that petitioner’s child is suffering from a disease called ‘Adenoid Hypertrophy’. After the allotment process was completed, two vacancies arose. There is a dispute as to whether there are two vacancies or only a single vacancy. However, the fact remains that there is a vacancy available in the Government Law College, Ernakulam. Petitioner, therefore, seeks for an inter-university transfer from Government Law College, Thrissur, to Government Law College, Ernakulam.

2. A statement has been filed by the third respondent University opposing the prayer for inter-university transfer, while the second respondent University has stated in their counter afÏdavit that they have no objection to the transfer, as sought for by the petitioner.

3. I have heard the learned counsel for the petitioner, the respective Standing Counsel for respondents 2 and 3 as well as the learned Government Pleader.

4. The University in which the petitioner is presently studying (University of Calicut) has no objection to the transfer sought for by the petitioner. The Mahatma Gandhi University, within whose jurisdiction the Government Law College, Ernakulam, is situated, has raised objection that, due to the difference in the syllabi and also since the internal examinations have been completed, an inter-university transfer ought not to be permitted. It is also stated that the semester examinations for the first semester has already been notified. 5. Albeit the objection of the University, this Court notices that in similar situations, this Court had passed separate orders granting inter-university transfers, taking note of various circumstances after stipulating the condition that petitioner therein shall attempt all examinations, including the internal examinations.

6. Petitioner is a resident of Vypin at Ernakulam, and she has a child who is suffering from ‘Adenoid Hypertrophy’. Taking into consideration the above circumstances, I am of the view that since the inter-university transfer is within the same State of Kerala and concededly a vacancy exists in the Government Law College, Ernakulam, no prejudice would be caused to any other person, if such a transfer is directed. If such a transfer is permitted, the petitioner will have to write the entire examination, including the internal examinations. Exhibit P14 is a judgment in a similar instance, where another candidate had sought transfer from Government Law College, Thrissur, to Government Law College, Ernakulam. The said transfer as requested for was allowed as well. Petitioner being in a similar position, there is no reason to deny her the relief.

Hence, there will be a direction to the Principal of Government Law College, Thrissur, to issue orders relieving the petitioner from the said college at the earliest, and the Principal of Government Law College, Ernakulam, is directed to admit the petitioner to one of the vacancies now existing for the first semester LLB Course on the following conditions.

i. Petitioner shall attempt all the examinations, including the internal examination as per the regulations of the University, after obtaining admission at Government Law College, Ernakulam.

ii. Th