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2026 Supreme(Online)(Ker) 20631

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
YOGACHARAN.S.B., AGED 18 YEARS S/O. BIJUKUMAR.G.L – Appellant
Versus
KERALA UNIVERSITY OF HEALTH SCIENCES – Respondent
WP(C) NO. 31557 OF 2024



Advocates:
For the Appellants/Petitioners: SHRI.B.S.SIVAJI, SMT.DHANYA SREENIVASAN
For the Respondents: SHRI.BINNY THOMAS, SC, KERALA UNIVERSITY OF HEALTH SCIENCES, SHRI.P.SREEKUMAR (SR.), SRI.S.GANESH, SC KUHS- R1, SRI.SREEJITH V.S., SR.GP

Students may seek mutual transfer between colleges despite previous transfer denials if new regulations permit reconsideration of their applications.

Headnote:This judgment addresses the requests for mutual transfer between Ayurveda colleges by two students who had previously failed to meet the requirements for transfer, which were reconsidered in light of new regulations issued by the National Commission for Indian System of Medicine. The court examined whether specific requirements for migration were necessary and ultimately directed the first respondent to address the petitions accordingly, with the final orders to be made within a month. The earlier transfer denials were deemed not to hinder re-evaluation based on the new regulations.

Table of Content
1. students request mutual transfers. (Para 1)
2. clarification of transfer requirements. (Para 2)
3. court directs reconsideration process. (Para 3 , 4)

JUDGMENT

Petitioners are students of Ayurveda in two different colleges. They claim mutual transfer, with the first petitioner seeking a transfer from Vaidyaratnam Ayurveda College, Ollur to Government Ayurveda College, Thiruvananthapuram; and the second petitioner seeking a transfer from Government Ayurveda College, Thiruvananthapuram to Vaidyaratnam Ayurveda College, Ollur. Their requests for mutual transfer were declined by Ext.P20 and Ext.P21, since they had not cleared the First Professional BAMS examination and for other reasons stated therein. In the meantime, both petitioners have cleared the First Professional BAMS examination and they have filed Ext.P26 and Ext.P27 requests for re-

consideration of their claim for mutual transfer.

2. The learned counsel for the petitioners pointed out that the new regulations issued by the National Commission for Indian System of Medicine (Minimum Standards of Undergraduate Ayurveda Education) Regulations, 2022, do not stipulate any specific requirements for migration of students during their studies. The learned counsel further submitted that the petitioners will be satisfied if the writ petition is disposed of with a direction to consider their representations submitted as Ext.P26 and Ext.P27.

3. Having heard the learned counsel for the petitioners as well as the learned Standing Counsel for the University, I am of the view that this writ petition can be disposed of with a direction.

4. Since it is claimed that the new regulations do not stipulate any specific criteria for mutual transfer or migration, I am of the view that the first respondent can be directed to consider the representations in a time bound manner.

Accordingly, there will be a direction to the first respondent to consider and pass appropriate orders on Ext.P26 and Ext.P27, as expeditiously as possible, at any rate, within an outer period of one month from the date of receipt of a copy of this judgment. It is clarified that the earlier order produced as Ext.P20 and Ext.P21 shall not stand in the way of the first respondent considering the claim for mutual transfer de novo, on the basis of regulations now in force, bearing in mind that the petitioners have cleared the First Professional BAMS examination.

The writ petition is disposed of.

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