No Writ of Mandamus For Inter-University Transfer Without Statutory Right Or Legal Basis: Kerala High Court

Kerala High Court Rejects LLB Student's Plea for Inter-University Transfer, Citing Lack of Statutory Right

ERNÁKULAM: The Kerala High Court has dismissed a writ appeal filed by a 62-year-old LLB student seeking a transfer from Government Law College, Thrissur, to Government Law College, Ernakulam, which are affiliated with two different universities. A Division Bench of Justice Anil K. Narendran and Justice Muralee Krishna S. upheld a single judge's decision, ruling that a writ of mandamus cannot be issued to compel an inter-university transfer in the absence of a specific statutory provision or established legal right.

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Case Background

The appellant, Assis MM, a resident of Perumbavoor, had secured admission to the three-year LLB course at Government Law College, Thrissur (affiliated with the University of Calicut) through the state entrance examination. Citing his age (62) and past medical history, including heart and urinary bladder issues, he argued that the 80-kilometer commute was strenuous.

Discovering three vacant seats at Government Law College, Ernakulam (affiliated with Mahatma Gandhi University), the appellant requested a transfer, stating his willingness to clear all internal assessments and examinations of the first semester under the new university. He contended that since the LLB syllabus is broadly similar across universities as per Bar Council of India norms, the transfer would not be burdensome.

Arguments and Precedents

The appellant's counsel heavily relied on three previous single-judge decisions of the High Court (referred to as Exts.P6, P7, and P8) where similar inter-university transfers were permitted on compassionate or equitable grounds. The argument was that the learned single judge had erred by not considering these precedents.

Conversely, the Standing Counsel for Mahatma Gandhi University argued that in the absence of any statutory provision in either university's regulations permitting such a transfer, the court could not grant the requested relief. The University of Calicut, from which the student sought to be relieved, was notably not made a party to the case.

Court's Analysis: Distinguishing Precedents and Upholding the Rule of Law

The Division Bench conducted a meticulous review of the judicial precedents cited by the appellant and found them to be non-binding. The Court observed that the previous judgments (Exts.P6 to P8) had granted relief without a detailed examination of the university regulations and without establishing a declaration of law.

The Bench highlighted a crucial, overlooked judgment, Sreeja K.S. v. University of Calicut (2016), which had been affirmed by a Division Bench in Joby D. Joseph v. University of Calicut (2016). In Sreeja K.S. , the court had explicitly refused a similar transfer request after finding significant dissimilarities between the syllabi, course content, and internal assessment schemes of the two universities. The court in Sreeja K.S. had held:

"...it cannot be said that the course content and the syllabus are the same... though inter-university transfers are permitted by the Ordinance of the University, it is not a right which could be exercised by a student without a decision from the University."

The present Division Bench noted that the appellant had conveniently omitted these binding decisions while presenting his case. The Court concluded that the judgments relied upon by the appellant could not be followed as binding precedents as they were rendered without reference to university regulations.

The Principle of Mandamus

Reinforcing a fundamental principle of administrative law, the Court cited Supreme Court judgments, including Bihar Eastern Gangetic Fishermen Cooperative Society Ltd. v. Sipahi Singh , to emphasize that a writ of mandamus can only be issued to enforce a "plain, positive, specific and ministerial duty presently existing and imposed by law."

The judgment stated:

"In the writ petition, the appellant-petitioner has not pointed out any statutory provision, which enables inter-university transfer of a student undergoing three year LLB Course in a college affiliated to Calicut University to another college affiliated to Mahatma Gandhi University... Since the appellant failed to establish a legal right for seeking inter-university transfer, the learned Single Judge cannot be found fault with in dismissing the writ petition."

Final Decision

Finding no legal basis to compel the universities to grant the transfer, the Division Bench dismissed the writ appeal. The Court affirmed that judicial discretion cannot be exercised to issue directions contrary to law or in the absence of a clear statutory duty. The ruling solidifies the position that inter-university transfers are not an inherent right of a student but are subject to the specific regulations and policies of the concerned universities.