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2026 Supreme(Online)(Ker) 34729

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bechu Kurian Thomas, J
Hemanth R. Nair – Appellant
Versus
University of Kerala – Respondent
WP(C) NO. 18678 OF 2026



Advocates:
For the Appellants/Petitioners: Suman Chakravarthy, K.R. Rija, Brejitha Unnikrishnan, Sudeesh K.E., Prahladh S.P.
For the Respondents: Thomas Abraham, Nisha George

A university cannot deny an eligibility certificate to a student who has completed a degree from an AICTE-recognized institution simply due to mid-term migration, provided there is no statutory prohibition against such transfers.

Headnote:The petitioner sought a writ of mandamus to quash an order denying the issuance of an eligibility certificate for higher education despite having completed a full-time regular degree from an AICTE-recognized institution. The court examined whether a university can refuse to recognize a degree obtained through mid-term migration between recognized institutions. The Court held that in the absence of valid statutory prohibitions, a university cannot deny the recognition of degrees obtained through migration between AICTE-approved colleges. The central issue was whether the respondent university could rely on internal regulations prohibiting mid-term migration to deny an individual's eligibility certificate. Relying on the principle established in Jobin John v. University of Kerala (W.P.

(C) No.30782 of 2021), the court reasoned that the respondent was bound by precedent, as there is no statutory mandate prohibiting the transfer of students between AICTE-recognized institutions. Accordingly, Ext.P12 is quashed and there will be a direction to respondent Nos.1 and 2 to issue an eligibility certificate to the petitioner to enable him to pursue his higher studies.

Table of Content
1. summary of facts regarding migration and denial of certificate. (Para 1)
2. university cannot restrict mid-term migration between recognized institutions absent statutory prohibition. (Para 2 , 3 , 4)

BECHU KURIAN THOMAS., J

W.P.(C) No.18678 of 2026

Dated this the 12th day of June, 2026

J U D G M E N T

The petitioner completed his 4th semester BE Mechanical Engineering from Amal Jyothi, College of Engineering and obtained a Migration Certificate and completed his course from Vinayaka Mission’s Kirupananda Variyar Engineering College. According to the petitioner, both the aforementioned colleges are recognized by the AICTE as well as UGC and all other educational agencies. However, after petitioner completed his course, he applied to the first respondent university for an eligibility certificate as he obtained admission at TKM Institute of Management, Kollam for MBA. By Ext.P12, petitioner’s request was refused, pointing out that, as per the prevailing regulations of the University, mid-term course migration or credit transfer was not permitted. It is further stated that the graduate degree obtained will be recognized by the University of Kerala, only if such degrees are obtained in accordance with AICTE regulations through full time regular mode and within the prescribed duration, from an AICTE recognized institution.

2. According to the learned counsel for the petitioner, the petitioner had completed his full time regular course within the prescribed duration at an AICTE approved institution. It was also submitted that the objection raised in Ext.P12 regarding the mid-term course migration is contrary to the binding precedent of this Court in Jobin John v. University of Kerala , W.P.(C) No.30782 of 2021 and therefore, the respondents are bound to issue an eligibility certificate to the petitioner.

3. I have heard the learned Standing Counsel for respondent Nos.1 and 2, the learned counsel for AICTE as well as the learned Standing Counsel for the fourth respondent.

4. In the decision in Jobin John (Supra), a learned Single Judge of this Court had observed that there is no restriction on transfer from one University to another, if both the colleges had approval of AICTE. In the instant case, there is no dispute that Amal Jyothi, College of Engineering and Vinayaka Mission’s Kirupananda Variyar Engineering College are both, recognized by AICTE. There is no prohibition or restriction by any statute for mid-term migration. Also there is no restriction for transfer, under any law for the time being in force, from one University to another. The decision in Jobin John (Supra) is binding upon the first respondent as they were parties to the said case. Hence the first respondent cannot wriggle out of the said precedent, by raising legally untenable objections, repeatedly. Ext.P12 is thus illegal. In such circumstances, I am satisfied that the petitioner is entitled to the reliefs, as sought for.

Accordingly, Ext.P12 is quashed and there will be a direction to respondent Nos.1 and 2 to issue an eligibility certificate to the petitioner to enable him to pursue his higher studies. The eligibility certificate shall be issued to the petitioner as expeditiously as possible, at any rate, within an outer period of two weeks from the date of receipt of a copy of this judgment.

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