ROSHAN RAHMAN P.K. Vs. ARUNA PARVATHY

JUDGEMENT

(1.) THE review petition is filed by the petitioners therein who are not parties in the writ petition. The same is filed against the judgment in W.P. (C) No. 11215/2012. W.P. (C) No. 15989/2012 is filed by the petitioners in the said writ petition. First I will consider the pleas raised by the review petitioners. The writ petition was disposed of by this Court by judgment dated 4.6.2012. At the time of filing of the writ petition, the petitioners in the writ petition who are respondents 1 to 4 in the review petition, were studying for Postgraduate course in Homoeopathy in Repertory, in the Government Homoeopathic Medical College, Thiruvananthapuram. The duration of the course is for three years which started on 22.6.2009 and was to be completed on 22.6.2012. They had appeared for the entrance examination for Postgraduate courses in other disciplines for the year 2012 and were included in the rank list as rank Nos. 2, 6, 8 and 28 respectively. Ext.P2 produced in the writ petition is the provisional rank list. The direction sought in the writ petition was in the light of their apprehension that if the admission is made prior to 22.6.2012, they will not be able to produce the original certificates and the Transfer Certificate. In fact, for the new course they were seeking admission in the same institution, the Principal of which is the sixth respondent in the writ petition (8th respondent in the review petition) who himself is the Chairman and Convener of the Selection Committee also.

(2.) WHEN W.P. (C) No. 11215/2012 came up for consideration on 4.6.2012, learned Government Pleader submitted that the original certificates can be returned to the petitioners for production at the time of admission. This Court directed that the sixth respondent is free to dispense with the production of Transfer Certificate and the writ petitioners were permitted to produce the same at the time of joining the new course or at the time of commencement of the class.

(3.) IN W.P. (C) No. 15989/2012 the petitioners point out that their course is over on 22.6.2012 and after the judgment in W.P. (C) No. 1215/2012 was rendered, even though they were eligible to be issued the Transfer Certificates, the Principal did not issue the same. They reported before the Principal on 27.6.2012 for admission to the new postgraduate course as per the memos Exts.P3 to P5. But by Ext.P8, they were informed that they cannot be admitted to the M.D. (Homoeo) course for the year 2012 - 2013 for want of Transfer Certificate. When the issuance of Transfer Certificate was delayed, the petitioners therein approached the University of Kerala and by Ext.P9 letter the University directed the Principal to issue the Transfer Certificates without waiting for the completion of the examination. On 3.7.2012 they applied for Transfer Certificates and the certificates were issued. But the certificates were taken back by the Principal stating that further information is sought from the University. Again, the University clarified the position as per Ext.P11 stating that Transfer Certificates can be issued to the students who have already completed M.D. and wishes to join M.D. in another speciality. The petitioners seek for a direction to admit them after quashing Ext.P8 communication.