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2007 Supreme(Online)(KER) 14172

HIGH COURT OF KERALA
S. SIRI JAGAN, J
PRATHIBHA MENON – Appellant
Versus
THE REGISTRAR, UNIVERSITY OF CALICUT. – Respondent


Advocates:
SRI.NIRMAL, SRI.P.V.KUNHIKRISHNAN, SRI.BENJAMIN PAUL, SRI.P.C.SASIDHARAN S.C.

JUDGMENT

The petitioners seek transfer to one of the vacant second year VHMS seats available at the College of the Additional 4th respondent. The petitioners submit that as per Ext.P2 rank list of persons eligible for transfer, the third respondent is below the petitioners, in spite of which she was granted transfer in preference to the petitioners, and therefore, the petitioners are also entitled to transfer. The learned counsel for the University submits that the transfer cannot now be granted because the second year course started three months back and further as per the regulations, only three persons can be granted transfer in an year. However, there is no explanation forthcoming as to why a person below the rank is given transfer in preference to the petitioners. Admittedly, there are 10 vacancies in the 4th respondent's College and there cannot be any prejudice to anybody of any of the petitioners are given transfer to the 4th respondent's College. Accordingly, there would be a direction to the University to grant transfer to the petitioners to the 4th respondent College. Orders in this regard shall be issued within one week from the date of receipt of a copy of this judgmen

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